Taking your game to the next level... | Calvin Luo | NZGDC 2025

In this talk from NZGDC 2025, Calvin Luo, a lawyer from Hudson Gavin Martin, provides an overview of intellectual property (IP) issues relevant to game developers. He begins by introducing himself and his gaming background, then explains the two main categories of IP rights: registered (trademarks, patents) and unregistered (copyright). He details copyright, which is automatic upon creation and protects creative expression, and trademarks, which protect brand marks and require registration in specific classes and territories. He highlights the risks of trademark trolls and the need for territorial registration. The core of the talk focuses on a recommended business structure: an IP holding company that owns all IP, and one or more trading companies that license the IP for operations. This structure leverages limited liability to ring-fence IP from trading liabilities, making the business more attractive to investors. He discusses the pros and cons, including setup costs and administrative burdens, and advises on when such a structure is necessary. He also covers key considerations for setting it up, such as ownership of IP created by contractors, restrictions on transferring IP (e.g., bank securities, grants), and the importance of shareholders’ agreements among founders. Finally, he touches on capital raising, emphasizing the need to align investor goals and have a solid pitch.