Landmark case in video game copyrights – Netease Interactive’s groundbreaking copyright infringement dispute

Rajah & Tann Singapore is representing NetEase Interactive Entertainment Pte Ltd (“Netease”) in a groundbreaking copyright infringement dispute.

NetEase Interactive Entertainment Pte Ltd is part of the group of companies ultimately owned by NetEase, Inc., a leading NASDAQ and HKSE listed internet technology company. The NetEase Group has been engaged in the business of developing and publishing video games.

The publishers and non-exclusive licensee of the First-Person Shooter game Valorant, the 1st and 2nd Plaintiffs, claim that various elements and aspects of the Netease’s mobile game Hyper Front infringe Valorant’s copyright and constitute a passing off. They sought an injunction to stop Hyper Front’s availability on Google Play Store, but the High Court dismissed the application after a 3-day hearing.

Legal proceedings continue, with cases filed in multiple countries. The firm is assisting the foreign lawyers with these proceedings.

The 1st Plaintiff also made complaints to Google and Apple, temporarily suspending Hyper Front’s publication. The firm assisted the NetEase Group in making representations to Google and Apple and Hyper Front has since been successfully re-published on the Google Play Store.

This case has generated so much interest within the Supreme Court that the High Court decided to transfer the case to the Singapore International Commercial Court.

This is a landmark case that will examine and determine for the first time in Singapore, the nature of various copyrights in video games, as well as the protectability of video game concepts and the line that divides ideas from expression in the video game context.

This is also a hugely significant dispute between two large and reputable gaming companies – one from the United States, and the other from China.

The matter is led by Partners Lau Kok Keng and Tng Sheng Rong, supported by Associate Yong Yi Xiang.