Intellectual Property Rights in B2B Gaming: The Cornerstone of Competitive Advantage

In the rapidly evolving B2B gaming industry, intellectual property rights (IPR) have emerged as one of the most valuable and even more notably, the most vulnerable assets for providers. Software suppliers, game studios, and platform providers operate in an environment defined by innovation, regulation, and intense competition. The gaming industry has transformed dramatically over the past decade, having the global iGaming Platform and Sportsbook Software Market being worth close to 67 billion euros.

Intellectual property is therefore not a secondary concern; it is the foundation of the business model itself. A company’s success depends on its ability to create, protect, and license these assets. Without clear and enforceable IPR, innovation quickly becomes imitation, and value dissipates across the supply chain. B2B gaming suppliers have the capacity to fall into several categories: game studios developing content; platform providers offering remote game servers (RGS); player account management (PAM) systems; aggregators that distribute games to operators; and white-label providers enabling turnkey solutions. implementations often rely on trade secret protection.

Each of these layers involves complex IPR considerations. The underlying code, art, sound design, mathematical models, and user interfaces are protected primarily by copyright. Brand identity and product names fall under trademark law. Meanwhile, confidential algorithms, payout models, and RNG (random number generator)

Because the same product is often distributed across dozens of jurisdictions, a strong IPR strategy ensures not just protection but also scalability. It allows companies to safely license technology, integrate with third parties, and expand into regulated markets without losing control of their creations.

Copyright is the most fundamental form of protection for gaming suppliers. It covers everything from source code and game art to user interfaces and sound design. In practice, this means that the moment a developer creates a line of code or a graphic asset, it enjoys automatic protection.

However, ownership must be clear. Many gaming companies rely on contractors, freelancers, or third-party studios. Without explicit IP assignment clauses within their agreements, ownership may remain with the creator rather than the company or lie in legal limbo. This can create significant complications not just at an initial financial and operational level but even more so when undergoing M&A due diligence.

While code drives the functionality, brand identity drives recognition and trust. Trademarks protect company names, product titles, and distinctive visual elements. For example, a studio that develops a popular slot game series will want to ensure that both its company logo and game titles are registered trademarks in relevant jurisdictions. This not only prevents imitations from using confusingly similar branding but also increases commercial value when negotiating distribution or white-label agreements. In an industry where re-skinning and imitation are common, a strong trademark portfolio helps preserve authenticity and market differentiation.

Some of the most valuable assets in gaming cannot be registered at all. Mathematical models, algorithms, payout tables, and RNG mechanics are typically protected as trade secrets. This form of protection depends not on registration, but on confidentiality and internal control. To maintain trade secret protection, companies must implement clear procedures—confidentiality clauses, restricted access, encryption, and employee NDAs. The loss of secrecy through careless disclosure (for instance, to certification labs or third-party partners) can destroy protection entirely. Balancing regulatory transparency with secrecy is particularly challenging in gaming, where technical disclosures to regulators are mandatory. Successful companies manage this tension by limiting the scope of disclosures and marking all documentation as confidential.

In B2B gaming, contracts are as important as registrations. A well-drafted licensing agreement does more than define payment terms—it governs ownership, usage rights, and liability.

Explicit contractual boundaries help prevent misuse and facilitate smooth cooperation between studios, aggregators, and operators. Effective agreements should clearly delineate the IPR assigned to the counterparty, including but not limited to:

• what is being licensed;
• how it may be used (territories, channels, or operators);
• whether sublicensing or modification is allowed; and
• what happens if the license is breached or terminated.

Contracts should also include strong IP warranties and indemnities, ensuring that licensors stand behind the originality of their work. From a risk perspective, it is common to see uncapped indemnities for IP infringement, given the potential reputational and financial exposure of an operator if a game is found to infringe third-party rights.

IPR enforcement in gaming is inherently international. Studios frequently face infringement in jurisdictions with weak enforcement or uncooperative hosts. Effective strategies often rely on technical and commercial measures rather than litigation:

• Embedding digital watermarks and code obfuscation to trace copied content.
• Implementing “switch-off” rights in contracts, allowing licensors to deactivate games upon breach.
• Using rapid takedown mechanisms with app stores, aggregators, and affiliate networks.

For B2B gaming companies, intellectual property is both sword and shield—a tool to secure value and a defence against imitation. In a global marketplace driven by creativity and technology, IPR defines the difference between a company that merely innovates and one that sustains innovation. The most successful gaming suppliers understand that IPR is not only a legal requirement but a strategic asset. By combining clear ownership structures, contractual precision, trademark ownership, and proactive enforcement, they transform intangible creations into tangible, defensible commercial value.

If your business is looking to better protect and leverage its intellectual property - whether through reviewing commercial agreements, filing and managing trade marks, or strengthening internal policies CSB offers tailored legal and advisory support based on your needs.

About the Author

This article has been authored by Jeremy Mifsud Bonnici, Advisor - Legal.