By Darius C. Gambino, of Saul Ewing
(As Editor-in-Chief of Esports and the Law, I recently had the chance to speak with Oscar Suarez from the World Intellectual Property Organization (WIPO) to talk about the new International Gaming and Esports Tribunal (IGET). IGET is a dispute resolution body set up to cater to the esports and video game industries. IGET is the brainchild of WIPO and The Esports Integrity Commission (ESIC), and aims to make dispute resolution accessible and professional. Oscar has been at the forefront of emerging dispute resolution issues for some time, and is one of the leaders of the WIPO Arbitration and Mediation Center. We are very lucky to have been able to sit down with Oscar for this exclusive interview!)
Q: How did you get your start in the sports industry and in Esports, in particular?
A: It all began back in 2019, when we conducted a global survey that was related to digital copyright and content disputes. We were trying to map the types of disputes that were happening in this environment around that time, and in particular the reason why we were starting to get more of such disputes referred to the WIPO Arbitration and Mediation Center (WIPO AMC) (for example, relating to online platforms and social media). From there, we started mapping out everything that had to do with digital content and digital copyright, including what was happening in the video games industry.
The survey attracted over 1,000 respondents from more than 100 countries – including Collective Management Organizations (CMOs), publishers, companies, and legal practitioners. The volume and complexity of disputes, especially in the gaming sector, were interesting.
At the WIPO AMC, we started having conversations with major video game publishers. Eventually, we expanded our focus to the competitive gaming world – what we now call esports. Around 2021, we started discussing this idea of having a one-stop shop dispute resolution mechanism in esports – not only for integrity issues like cheating and doping, but also for commercial and intellectual property disputes. The industry had been growing, and the COVID-19 pandemic had accelerated this growth, and it was clear that a more centralized and professional approach would help.
They saw WIPO as the right partner: a neutral organization with a United Nations (UN) standing, based in Switzerland. That is how the journey started.
Q: What has been your role in creating this entity and what is your current role?
A: Me and my colleagues at the WIPO AMC have been involved from the very beginning in establishing what is now known as the International Gaming and Esports Tribunal (IGET). Since at that time the WIPO AMC had just started looking into this industry, we started seeking out partnerships with industry experts, like arbitration lawyers, and other stakeholders. This is when we were introduced by Leonid and Rodolphe to the Esports Integrity Commission (ESIC) and its CEO, Stephen Hanna. After several conversations, IGET was born as a joint initiative by ESIC and the WIPO AMC.
IGET is a not-for-profit organization that provides specialized ADR services for the video games and esports industries. It has tailored dispute resolution procedures to the esports industry. For example, we tried to simplify the processes – we have a big focus on mediation, and went for expedited arbitration procedures, which are more accessible. We wanted the players to understand how the procedures work and why they benefit them. The goal has always been to offer a fair, time- and cost-efficient alternative to court proceedings.
Q: Tell us a little bit more about your current role?
A: I work in the Business Development and Digital Content Disputes Section of the WIPO AMC. We have three main roles: we administer disputes that relate to commercial and IP issues, especially those tied to the digital and entertainment sectors; we support WIPO’s member states to enhance their ADR and IP capabilities to help solve disputes in their jurisdictions; and, on the business development side, we are looking for new areas were the work of the WIPO AMC could be beneficial, as was the case for video games and esports.
Q: Anything you want to add on why WIPO decided to focus on the video games and e-sports dispute areas?
A: Video games are what one would call an IP intensive industry. Everything about a game involves IP – from the software and design to the hardware and beyond. Once we started looking more into the details, we realized how much overlap there was with WIPO’s mission.
It is not only about digital content anymore. Video games involve patented technology, storylines with copyright protection, trademarks used in competition, and even spin-offs like movies and merchandise. Take Minecraft, for instance – it’s gone from a game to a global brand with its own blockbuster film. Video games are not isolated entertainment – they are entire ecosystems of IP.
Q: Is the tribunal set up for all kinds of IP, patent to copyright to trademark, to trade secret, or is there specific focus?
A: IGET is going broader than just IP. The idea is that we will be able to deal with commercial disputes, including IP-related disputes. That means, apart from copyright, trademarks, patents, trade secrets – any commercial dispute relating to the esports ecosystem, will be withing IGET’s scope.
For example, we have already handled disputes over unauthorized broadcasts of competitions in a streaming platform, and trademark issues related to the use of trademarks during a competition. What is key is that if a contract – say between a publisher and a competition organizer – includes our dispute resolution clause, we can handle any commercial- and IP-related dispute that arises from it.
IGET will, of course, be also handling classic integrity-related cases, which will be managed in collaboration with ESIC.
Q: Tell us a little bit about the fee structure, and how that works?
A: What we are trying to do is understand what the industry needs. Right now, we operate on a case-by-case basis. Our goal is to create an efficient and accessible system, not to turn a profit.
Eventually, when we start handling more disputes and gathering a more information, we will be able to provide a more standardized fee structure. But already, the WIPO AMC’s fees are highly competitive. Our aim is to keep the process affordable and practical, especially for players and smaller stakeholders.
Q: How will you know if this has been a success?
A: We have already reached our first milestone with our soft launch announcement. We have some new developments, which are confidential at the time. But I can tell you that major publishers have been interested in incorporating our dispute resolution clauses into their contracts. That alone is a great sign.
The second success story is that we have had interest from major esports competitions looking to offer this service during their events.
We expect it to take some time to fully catch on, but we are prepared for that. I think that one of the advantages of our partnership with ESIC is that both organizations are stable and well-established, so we can really give ourselves the time. We can implement this system surely and steadily without any due dates in mind. We want the system to grow and mature properly, for the long run.
Q: What will be happening over the rest of the summer?
A: After a fast development phase, it is now all about finding our rhythm – laying the groundwork for a long-term system.
We are starting to receive our first cases, and we expect that once the industry starts catching on and understanding the benefits and the virtues of the system, interest will build naturally. It may be a little bit ahead of its time, but not by much. We are confident it will gain traction in the months ahead.
Q: What’s next for you in your own career?
A: This esports initiative is just one of the many projects I am involved in, but it is one of the most exciting. I am also working on other projects that relate to digital content disputes.
I am passionate about this project. I hope that I will be able to keep looking into this area as part of my work at the WIPO AMC. It is incredible to see how far the industry has come – and, even more, to be part of it.
