Russia: no more AKs in games?

[krzychuzokecia 714]

Somebody probably have too much of free time:

Kalashnikov to Protect its Rifle Brands

The Kalashnikov Group has lodged an application for the registration of the three-dimensional images of the AK and the AKM rifle family as trademarks. If the application is approved, the toy manufacturers that copy these famous weapons will have to obtain a license for the importation of these products in Russia.

(...)

In the event that the application is approved, Kalashnikov rifle images will not be able to be used in the manufacture of various goods without seeking approval Kalashnikov first. The restriction will apply to wide range of products such as: deodorants, fuel, knives, razors, computer software, ammunition, firearms, jewellery, leather goods, furniture, bed covers, fasteners, toys, sports equipment and smoking accessories, among others.

(...)

The majority of children's toys in the form of a Kalashnikov are produced abroad, so the restrictions will not affect the release of such products. However, after the trademark is patented, such toys will not pass through Russian customs unless the manufacturer obtains a license from the copyright holder to import goods to Russia.

TL;DR: if that patent would be applied to Kalashnikov Concern, anything that'll look like AK (or it's variant) - no matter if it's a weapon or 3D model in game - would need KC license. That means if BI were to release ArmA 4 with AK look-a-like weapon, they would need to pay a fee to KC, to release a game in Russia without making a patent infrigement.

There are weapons which design (meaning looks, not internal mechanism) is patented (see Glock), but according to fair use rule this only applies to firearms - a Glock look-a-like model in game is perfectly legal if it doesn't contain (for example) Glock logo.

Question is: will that patent be applied, or does it obviously conflicts with copyright laws?

[roberthammer 582]

lol i think its too late for that when you got 300 clones/copies of AK patent around the planet so if they couldn't control that , i doubt that they will control all 3D models of Aks

this will probably apply on new comercial games that uses Izhmash weapons - those will probably need a license (i doubt that DICE devs of BF will gently ask for permission to use those AK models)

for a toys and movies it is ok i guess

[chortles 263]

If this turns out to be (yet another) real reason why we never see an AK in a BI game again...

[roberthammer 582]

If this turns out to be (yet another) real reason why we never see an AK in a BI game again...

cough Rahim cough :D (not a true AK but you get my point)

Also i think when you use fictional names/logos then you can use any model you want

Remington has a trademark too on his weapons ,but i don't see any differences before and now

Edited December 7, 2014 by RobertHammer

[warlord554 2065]

It hasnt been approved yet. And i think its interesting because the original designs were sold to many different countries, and have been mass produced on a scale unrivaled by any else. My first ak was made in egypt for example. Would suck for ppl trying to enjoy them ingame though

[chortles 263]

cough Rahim cough :D (not a true AK but you get my point)

I do, although I imagine that the particulars of the application would determine whether or not that would have fallen under "Kalashnikov".

Also i think when you use fictional names/logos then you can use any model you want

According to a Eurogamer article on gun manufacturers and video games, sometimes said manufacturers want way more out of the developer/publisher than merely a license fee* -- so going fictional freed BI from all that.

An anonymous former Codemasters employee was quoting that for Operation Flashpoint (presumably meaning Dragon Rising and Red River) they specifically held fast to "military designations as public domain" to avoid licensing, and in Battlefield 3 and 4 EA did a mix of military designations and fictional names (i.e. "PDW-R").

* Heck, Barrett insists that the developer outright buy a Barrett weapon to "aid the 3D modellers in their work."

[Brisse 78]

BI did a very good thing when they decided to fictionalize the designations. They had to take a lot of critique from the community for that though, which in my opinion is unfair.

It's not worth it to start paying licence fees. Remember, that it is the costumer that have to pay those in the end. Also, think about the fact that kids playing a computer game would be financing corporations who manufacture tools to kill (real people, not just computer animated).

Kalashnikov Group is not breaking new ground here. Other manufacturers have been doing this for a while.

[negah 26]

Then why not just call it CV-47 and change the model a bit. Basically what Counter Strike devs have done when they went on the market.

[warlord554 2065]

In the end if this goes through than we will have no choice id imagine

[krzychuzokecia 714]

Remington has a trademark too on his weapons ,but i don't see any differences before and now

Kalashnikov Group is not breaking new ground here. Other manufacturers have been doing this for a while.

Well, as I've said I know about similiar patents/trademarks. Glock succesfully filed against Hungarian maker of blank guns - Zoraki - who were making Glock looking pistol. Austrian reasoning was that they felt Zoraki to be of inferior quality, which could lead it's users to believe that Glock is similiar POS. Kind of twisted logic but judge agreed. Also HK had some law suits against airsoft gun makers, however it was only after HK exclusively licensed their gun designs to Umarex.

However, Izhmash/Kalashnikov Concern/whatever application outrightly states that this trademark will be pursued against toy makers/computer game developers who are including AK look-a-likes in their games. This actually never happened without other infrigement (like including trademarked logos). That's why I'm asking will this get through? It seems to be violating that fair use (or how it's called) rule which allows to make pictures/paintings/3D models of real-life, trademarked items. Does Russia law recognizes this rule?

(Naturally, this would be also first patent/trademark that could be used against other manufacturers of AK-patterned weapons. There are a few of them in Russia, not only KC, but also Bulgarian, Polish and... Russian Molot and Tula who are not parts of KC. Will Izhevsk fight with other Russian AK makers? :))