Summary
We won at the Beijing High People's Court a landmark victory for South Korean gaming giant Krafton Inc. against Chinese film producers who created "Biubiubiu," a live-action movie that substantially copied core elements from the globally popular video game PUBG (PlayerUnknown's Battlegrounds). The court found that the defendants infringed Krafton's copyright by replicating specific game mechanisms (airdrop boxes, DBNO rescue system, loot boxes), distinctive architectural designs (fake garages, sea-view buildings, bungalows), and the iconic male character wearing a yellow tracksuit with an Afro hairstyle. Beyond copyright infringement, the court also ruled that defendants engaged in unfair competition by using PUBG's reputation and distinctive elements to mislead audiences into believing the film was an official adaptation. The decision establishes crucial precedents for protecting video game intellectual property in China's rapidly growing digital entertainment market, particularly regarding the boundaries between ideas and protected expression in interactive media. The court awarded RMB 5.53 million in damages while rejecting claims for punitive damages, balancing strong IP protection with recognition that not all game elements warrant copyright protection.
Key Holdings
["Video games can be protected under existing statutory copyright categories (audiovisual works, artistic works, literary works) without requiring creation of new 'other works' classification","Game mechanics, rules, and gameplay constitute abstract ideas unprotected by copyright, but their specific visual and textual expressions may qualify for protection if original","Public domain elements (military equipment, common building types, medical items) cannot form basis for copyright infringement even when replicated in accused works","Substantial similarity analysis must exclude limited expressions under 'necessary scenes' doctrine, particularly in combat and military-themed works","Foreign gaming companies can enforce copyright and unfair competition claims in China even if games lack Chinese publication licenses, based on Berne Convention protections"]
Detailed Analysis
This ruling significantly strengthens intellectual property protection for the global gaming industry in China, establishing clear boundaries between protectable expression and unprotectable ideas in video games. The decision validates that foreign game developers can successfully enforce their rights in Chinese courts even without local publication licenses, encouraging international gaming companies to actively protect their IP in China's massive market. The court's nuanced approach - protecting specific creative expressions while preserving public domain elements - creates a balanced framework that supports innovation while preventing wholesale copying of successful gaming concepts. For Chinese entertainment companies, this case signals heightened scrutiny of adaptations that leverage popular foreign gaming IP without authorization, potentially reshaping how local studios approach game-to-film adaptations. The unfair competition findings also establish that using gaming elements to mislead consumers about official licensing relationships constitutes actionable harm, extending protection beyond traditional copyright boundaries to encompass competitive marketplace interests.