Interactive Entertainment

Global state of play

Video games bring together a massive community of over 2.3 billion people all around the world. This sector constitutes a powerful branch of the global economy, with annual sales around $150 billion worldwide. In the last few years, the video game industry has consistently outperformed the music andfilm sectors – posting higher revenues and becoming an interesting area for potential investors.

The video game industry has radically evolved over the years – from a niche market for young people, overlooked by the investors, media and the general public, into a dynamic, rapidly growing part of the global pop-culture. The contemporary video gaming community has also become more diverse, with almost a half of gamers being female, and a growing number of adults (even over 40) still being interested in this form of entertainment. Video games themselves have also become widely recognized as a manifestation of artistic activity.

Alongside the growth of the video game industry, the world of esports (competitive gaming) reaches more and more audiences each year. The year 2020 may well be one for the yearbooks, with more people than ever tuning in to their favourite e-athletes, competing in either League of Legends, Counter Strike: Global Offensive, Fortnite, Starcraft, Rocket League and the likes.

Poland as a segue to the worldwide video game
and esport industries

How we can help you

We are one of Poland’s leading law firms in terms of rendering legal and tax advice to video game developers and publishers (particularly, in terms of Equity Capital Markets; IP/TMT; Data Protection; and Tax) with a strong international focus, taking into account the intricacies of the industry itself.

Our cross-departmental Interactive Entertainment Practice is led by Szymon Okoń, our ECM Partner, and Jakub Kubalski, our IP/TMT partner, who both have extensive experience, gained in numerous projects for clients in this industry. Jacek Markowski, Of Counsel delivers top-notch advisory to many esports teams and organizations. We also retain lawyers allowing us to deliver advisory in regulation-heavy territories such as China or Korea.

The remaining team members consist of the most prominent, sought after, and respected video game attorneys in Poland, who have both practical knowledge and scientific achievements in the field of video game law.

Experience

Advising video game creators a on day-to-day issues arising in the development, publishing and exploitation of their video games;

 

Overseeing various publishing and distribution deals for the global market – devpub, revenue arrangements, asset and engine licensing, porting services agreements among others;

 

Protecting video game studios’ brands and IP through acquisition, registration, enforcement, and litigation;

 

Advisory on trade secret protection and data sharing agreements, NDAs, cybersecurity policies;

Assistance with day-to-day legal needs of esports players teams, tournament organizers, leagues and streaming service providers;

 

Conducting Intellectual Property, Data and Consumer Protection Audit and Diligence (GDPR, CCPA and COPPA compliance);

 

Drafting and reviewing numerous consumer terms, incl. EULAs, Terms of Use, Privacy Agreements;

 

Advisory on virtual currency, virtual content distribution;

 

Advising on gambling and consumer laws to prize competitions, draws, loot boxes and social gaming.

Assistance with tax-breaks and other video game industry oriented incentive programmes (incl. IP Box, GameINN);

 

Tax advisory, incl. withholding tax matters;

 

Employment and social security issues, incl. labor union relations, minimizing legal impact of crunch culture;

 

Advising on M&As, JVs and establishing business presence, regulatory matters on global markets, including specifically China, Korea;

Contact Us

Jakub Kubalski

Jakub Kubalski

Partner
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Jacek Markowski

Jacek Markowski

Of counsel
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SSW Pragmatic Solutions combines innovation and experience to help clients tackle their commercial, legal or tax challenges. We work as a team to apply effective solutions for all your business needs. We stay ahead of the curve regarding the latest trends. Our solutions are designed to help you anticipate and prepare for challenges both now and in the foreseeable future.