Hierarchical Protection of Intellectual Property Rights for Board Games from the Perspective of Composite Works

Abstract

While substantial research has been conducted in recent years on game copyright protection, particularly in the context of video games, and judicial practice has gradually established a mainstream approach focusing primarily on holistic protection of audiovisual works, board games exhibit distinct complexity that differs markedly from electronic games. Existing legal frameworks such as copyright law and patent law prove inadequate for addressing the specific protection needs of board games, resulting in inconsistent judicial standards, prohibitively high enforcement costs, and frequent issues like “skin-changing plagiarism” and “predatory registration and release,” all of which severely hinder industry development. From Virtual Reality (VR) immersive experiences to the metaverse, an increasing number of composite works will emerge in the future. Unlike video games, board games retain tangible components and face distinct infringement patterns, making them an ideal subject for foundational research on composite work protection. This Article conducts a layered protection analysis of typical composite works represented by board games, proposing a standardized, systematic long-term protection model to address the efficiency challenges associated with typified judicial rulings and fragmented protection approaches in legal practice, thereby achieving a dynamic balance between fostering innovation and safeguarding public interests.