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www.semenovpevzner.ruSRY T TEHW MAITbln81 1Like any other business, the gaming industryneeds legal tools that help to manage itsworkflows and assets effectively.lba r yole g du s thtof me inelum g aVovideo 5Vmo olumbile e ogam f thes e gloma barke lt8 blIn today’s world, a video game is not just a fruitof a creative process: it is also a commercialproduct, as valuable as it is complex. Over thepast five years Russia’s video game marketalmost doubled in size and reached 1.9 billion.According to a research released by PwC, thatfigure will grow to at least 2.5 billion by 2023.The volume of the global gaming industry iscurrently estimated at 118 billion.9,1 nf2luVoomeeteamogeidnvassiuRtheblnrkmaWhether you are a small independent companyor a major development studio, we are here tosafeguard your rights and business interests.3

Y SEHW OOCH?SUwww.semenovpevzner.ruWEARETRUSTEDWe have over 15 years of experience in the field ofintellectual property protection, with notable clientsfrom entertainment and gaming sectors includingRovio Entertainment (Angry Birds), ZeptoLab (Cut theRope), Outfit (Talking Tom and Friends), Alpha GroupCo. (Super Wings), Entertainment One UK Limited(PJ Masks, Peppa Pig) and many othersBYWe offer a full range of legal services for the entirespectrum of media projects, including gaming, TV,film and musicWe enjoy gaming ourselves! Semenov&Pevzner alsoactively supports the development of the gamingcommunity in Russia3Semenov&Pevzner is a law firm built by a friendlyteam of intellectual property professionals. We arealways ready to help and offer creative, reliableand working solutions for the gaming industry.4NCOGNIMOSOsiant Rusem nop nity iledevmmueh ort t ing copup gamsWeof the5

www.semenovpevzner.ruHWEOH NWCAhwit essite gamkc dBlopirate tentconСorigand r nduchts egi t din t ster ue dhe yo iliggam ur enceeryouerctunessurSt usib:)SSENISur urtoynt in coespre restseR nteind teatf otiotecIAchoosing the optimal legal structure and location foryour business, as well as setting up the new companyidentifying applicable tax issues and advising onthe friendliest jurisdiction for your projectassessing the status of intellectual property rightsin your product and overseeing their registration,as well as perfecting relationships with developersand other contractorsDAROOur team will be happy to assist with:n6The legal structure of your company and a robustcontractual framework to formalise your relationshipwith developers are vital for the security of thebusiness and for the protection of the end product.Taking care of these basics from the outset helpsprevent unpleasant surprises in the future, suchas the loss of an investor, a hostile takeover oradditional tax assessment.C?PEL7

www.semenovpevzner.ru?PELHWEHON WCAENCEIGLID UREU YO EDT TERGAMCDUEGISTHENCO D RS INANGHTRIOur team will be glad to:run a detailed check and systematisation of yourdata and other information assets, including sourcecode, graphics, design, logo and script, as well asadvertising materials for games and studios. Wecan also conduct a due diligence of your contractsand offer recommendations for their improvementIN8ADORUDSSIAANRABIf your plan is to publish a game, find an investor or enterthe international market, you will want to present yourproject in the best possible light - which means, amongother things, that you can prove your own the product.The commercialisation of the game may prove difficult ifthe registration of your rights is overlooked from the outset.assist with the registration of transfer of rights inthe product from developers to your company inRussia or abroadassist with the registration, both in Russia andbeyond, of the rights in the game and variousintellectual property objects used as part ofit, including patents, trademarks, computerprogrammes and databasesprovide expert legal advice to aid yourinternational expansion and help transfer theownership of the product to your company,including by way of capital contribution9

?PELHWEHON WCAwww.semenovpevzner.ruCase study: Due diligence for an international acquisition ofa game developer with assets in Russia, Ukraine and the USWe conducted a comprehensive legal due diligence ofa target company that our client was planning to acquire.Our team analysed corporate records, intellectualproperty rights portfolio, including incoming licences, useragreements, EULA agreements, non-disclosure agreementsand agreements for services, as well as the terms ofemployment relating to the vesting of intellectual propertyrights. Our due diligence report described potential legalrisks and suggested recommendations relating to thestructuring of the transaction.Case study: Due diligence of Connective Gamesrights portfolioConnective Games approached us with a requestto run a due diligence of their rights in a numberof online games, including Altair Online Poker,Altair Online Casino, Altair Online Backgammon andAltair Online Rummy. Our team conducted in-depthchecks for each of the intellectual property rights atplay - and prepared practical recommendations tohelp reduce any potential legal risk exposure.1011

www.semenovpevzner.ru?PELHWEHON WCATNHEIT NTWES E COTIK S GAMCDBLOATE SIA)PIRRUS(INWe help companies find and block pirated game content ontorrent trackers, UDG, cheat and hack sites, in social mediagroups, public platforms and specialised accounts.We work in two directions:pre-trial removal of content: together with our friends atBrandSecurity, we use a technical solution to scan anddetect pirated content online. The system automaticallydetects the illegal use of intellectual property, sends formalletters to offenders demanding the removal of the content,and monitors the offenders’ compliance with the demandpermanent block applications: we regularly protectthe interests of our clients in courts through applicationsfor permanent blocksof unauthorised websites12 REOFLEVAOU NTR T EXEA PERM I IENC NCsitesLU EateDEripdS:cke0015BloBapp locklica ed mtio obns ileLitigation against suchresources as Rutracker,Telegram, Coub, Sci-Hub,Libgen, Zaycev.net 650 3Lser egalvic isees d0InternettieslayRoiveecreersdlothhgyripoycdb13

www.semenovpevzner.ru?PELHWEHON WCAGaming business is a multi-layered system of relationshipsbetween developers, publishers, distributors, marketersand gamers, and that system revolves around the gameproper, a complex intellectual property object. Just as withany complex subject matter, misunderstandings happen.Our team will be happy to help your business in anydispute and, if necessary, represent your interests in court.We have successfully represented developers and otherright holders in litigation around copyright, neighbouringrights, patent rights, and brand identity rights protection.)DTSROASEERD ABTIN ANROUSSIAYNTIN RUEESRT (RPRECOUIN14Case study: We representedinterests of the developer in adispute with the largest foreignsoftware companyCase study: High-profile disputebetween Asmodee Group andCosmodromeIn late 2017 we assisted Cosmodrome,the makers of a popular board gamecalled «Imaginarium», in a court battlewith Asmodee Group, the Frenchmanufacturer behind the legendaryboard game «Dixit». Asmodee Groupfiled a lawsuit alleging unfair competitionon Cosmodrome’s part and pleadingwith the court to stop the productionand sale of Imaginarium in Russia andabroad. Our team successfully foughtoff Asmodee Group’s claims, seeingthe lawsuit completely rejected by thecourt. Cosmodrome retained the rightto manufacture and sell Imaginariumwithout any restrictions.A software developer has filed alawsuit in a Russian court against hisformer employer, an internationalsoftware company, demanding toban the use of a computer programhe wrote and recovery of monetarycompensation. The dispute was inrelation to the program, used bythe defendant in the SaaS modeland placed by the company on itsforeign server.15

www.semenovpevzner.ru?PELHWEHON WCADocumenting your rights in the game(commissioning agreement, licence or assignment).The creative process is exciting. You can get carriedaway by enthusiasm and forget about formalities,hoping that your spoken mutual understanding isjust enough. Alas, when time comes to present yourproject to a new investor it may well turn out that therights in the game have never been properly acquired.Our team will help ensure the proper documentationof your rights, negotiating and drafting everything fromemployment contracts and job descriptions to externalcontracts with third-party contractors - and advising asto the correct use of open source licences.SCTRA16Doecumhets inhtgr riouyingntCTNDOANTE CTAF TIARD GONEegamANDentmreegre Ausclosin- DNoINRUSSIAANDABROADNon-Disclosure Agreement (NDA). You will need anNDA when negotiating with an investor, entering intoan agreement with your publisher, or hiring a third-partydeveloper. You may also need it to ensure ongoingcompliance of your departing employees. It is not rare,after all, for a former employee to use business know-howfor the benefits of former employer’s competitors.17

sWilE ры сOubpWH N говоithwоsactCA ДrtonOur team benefits from years andyears of experience and an extensiveknowledge of contract lawCContracts with publishers. Most major publishersinsist on their own contract templates, whichare not always balanced or favourable for gamedevelopers. We will help you understand theimplications of the terms your publisher suggests- and negotiate bespoke provisions that aremost beneficial for you and your business.In addition to the contracts outlinedabove, we can also help with:EEFEARTUMGAcontracts for the production andplacement of advertising (includingcompliance audit of advertising materials)contracts for the development of sitesand mobile applicationslicence agreements for the acquisitionof rights to use music in your gameTermsTerms of Use. Last but not least, we will be happyto assist with the drafting of a comprehensiveuser agreement, taking into account the specificsand needs of your project.licence agreements for the use of brandsand characters of third-party rightholders in your game (co-branding)ofUseinvestment contractscontracts for the design, manufacturingand distribution of merchandisecontracts for e-sports eventsoffers and deeds of accessionand many more1819

www.semenovpevzner.ru?PELHWEHON WCAWe can help by:advising studios and developers on thelawful collection and processing of personaldata pursuant to Russia’s Federal LawNo. 152-FZ and in compliance with theGDPR (European Data Protection Regulation)AATDAL NNSOCTIORPE OTEPRanalysing the content of video games toensure compliance with age control andchild protection requirementsassessing of marketing and advertisingcampaigns and other materials to ensurecompliance with advertising laws 81reviewing your internal documentation toensure compliance with the lawIN20IARSUSMultiplayer computer games are becoming more populareach day, which makes the issue of players’ privacy evenmore pressing. Unfortunately, companies are not alwaysable to ensure the safety of gamers names, account keys,addresses, email addresses and bank accounts, whichinevitably leads to reputational risks and financial losses.assisting with your processing of officialRoskomnadzor information requests, andhelping prepare for any inspectioninitiated by the regulatorCase study: Advice for an international company on thecross-border transmission of data received from GPS devicesAssisting the client who intended to transfer personal datainto the European Union, our team analysed Russia’s currentregulation surrounding the transfer, storage and usage ofdata collected via telematics devices with GPS trackers21