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The gaming sector in Brazil is experiencing a moment of regulatory maturity and significant growth. With the enactment of the Legal Framework for Electronic Games, the Industrial Property Law now expressly provides for the possibility of granting a specific registration for electronic games in the country.

Currently, the National Institute of Industrial Property (INPI) is conducting in-depth studies to define the criteria, technical requirements, and procedures to enable this new modality of protection. As part of this movement, the Institute opened Public Consultation (TPS) No. 02/2026 to gather contributions from society and the market regarding potential regulatory models.

Although the TPS is temporarily suspended for technical review by the Ministry of Development, Industry, Trade, and Services (MDIC), the discussion has raised a crucial alert for developers, publishers, and investors: how to strategically protect intellectual property in the gaming industry?

One game, multiple layers of protection

Electronic games are complex, multidisciplinary legal assets. A single title brings together a refined combination of technological, creative, and commercial elements that continuously intertwine:

• Software and Source Code: Protected under the Computer Program regime.

• Trademarks and Visual Identity: Names, logos, titles, and distinctive signs registered with INPI.

• Copyright: Scripts, illustrations, 3D animations, character design, soundtracks, and audio effects.

• Industrial Design: User interfaces (UI) and specific aesthetic aspects, where applicable.

• Trade Secrets and Contracts: Protection of proprietary technology, know-how, and chain of title governance.

Because they combine different legal regimes, creating a specific registration modality raises central debates on how this new mechanism will interact with protection modalities that are already established and consolidated in the market.

Which registration models are under evaluation by INPI?

INPI has indicated that it is analyzing different methodologies to operationalize the registration of electronic games. Prominent formats under debate include:

1. Umbrella Model: A single registration aimed at covering various constituent elements of the game in one procedure.

2. Fast Track Model: A simplified, streamlined process to ensure rapid granting.

3. Sui Generis Model: Creation of a dedicated regime tailored to the hybrid nature of electronic games.

4. Specific Model: Targeted protection delimited to specific components or aspects of the work.

The choice of the final model will directly influence timelines, costs, required documentation, and the legal scope of protection granted to companies in the sector.

Impacts that go beyond registration: Contracts, M&A, and Governance

The establishment of the new registration will not only affect the administrative filing process at INPI; it will have direct implications for strategic management and the valuation of gaming companies in Brazil:

• IP Portfolio Organization: Ease in inventorying and pricing the company’s intangible assets.

• Chain of Title: Robust, centralized proof of ownership rights over the game and its components.

• Development and Licensing Agreements: Clarity in copyright assignment and royalty distribution.

• M&A Operations and Due Diligence: Enhanced legal certainty for investors and funds seeking to invest capital in domestic studios.

• Team and Partner Protection: Rigorous documentation of deliverables provided by employees, freelancers, and third parties.

What can studios, developers, and investors do right now?

Although the final design of INPI’s regulations is still being defined, this is the ideal time for companies to perform a legal diagnosis on their projects.

Adopting the following preventive measures is recommended:

• IP Mapping: Rigorously map all game assets (software, art, music, trademarks).

• Contract Audit: Review employment contracts, service agreements, partnerships, and non-disclosure agreements (NDAs).

• License Documentation: Ensure that all third-party libraries, game engines, and assets hold valid, documented licenses.

• Traceability and Evidence: Maintain an organized history of the development process and records of creation.

• Regulatory Monitoring: Track the resumption of Public Consultation (TPS) No. 02/2026 and the positions of MDIC and INPI.

The future regulation of electronic game registration by INPI will bring significant advancements in legal certainty and the attraction of investment to the gaming industry in Brazil. Rather than simply waiting for new guidelines, the best path to protect a game’s market value is to integrate it into a continuous, preventive legal strategy.

Peck Advogados continuously monitors INPI’s regulatory developments and the implications of new guidelines focused on intellectual property, the gaming ecosystem, and the creative economy, counting on a specialized team to support organizations in structuring, assessing impacts, and strategically managing their digital assets.

For more information, contact us via email at contato@peckadv.com.br.

Peck Advogados supports the social and educational initiatives of the Instituto Peck de Cidadania Digital. To learn more, visit: www.ipcd.org.br

Authored by:Prof. Dr. Patricia Peck, CEO and Founding Partner, and Dr. Gabriel Arantes, Digital Advisory Lawyer.

AUTHOR

• Gabriel Arantes
• Patricia Peck