What is game reskinning?

Game reskinning involves copying the structure, logic, gameplay, algorithms, and mechanics of a game, while simply changing its appearance (graphic design, characters, sound interface) to give the illusion of a new game.

This practice, common in China, aims to reuse a successful gameplay without bearing the development cost or creative risk. As a result, it leads to “disguised” copies that seriously harm the legitimate rights holders.

Why is reskinning problematic?

  • Consumer confusion: Players often fail to distinguish the original game from the copy.
  • Harm to investment: Clones unfairly exploit the research and development (R&D) work of others.
  • Revenue loss: Clones divert downloads and user engagement.
  • Stifling innovation: By reducing the value of original creations, reskinning hinders technological progress.

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  1. The response of Chinese courts

3.1 A structuring case law

In the case of Rise of Kingdoms vs Commander (2024), the Guangdong High People’s Court condemned the company Jiujiu to more than 10 million yuan (USD 1.6 million) for copying the game mechanics of a competitor, while also copying the graphics from Age of Empires.
The court found that this combination—copying the “bones” (mechanics) and the “skin” (visuals) from two games—constituted parasitic behavior under Article 2 of the Chinese anti-unfair competition law (AUCL).
Three criteria were established:

  1. Originality and competitive importance of the copied elements;
  2. Extent of the reproduction compared to industry practices;
  3. Bad faith or violation of honest business practices.

 

3.2 An evolving legal framework

Chinese courts have evolved: initially protective via copyright law (for software or audiovisual works), they now increasingly apply unfair competition law to sanction the abusive use of gameplay.
The Supreme Court also published a guideline in December 2024 on the judicial protection of technological innovation, recommending the broad application of AUCL clauses to fight “free riding” (Effortless gain) in innovative sectors.

 

What can developers and rights holders do?

  • Document the creation process: design documents, code versions, aesthetic choices.
  • Register protectable elements: trademarks, designs, interfaces.
  • Implement proactive monitoring: detect clones on app stores.
  • Build a strong evidence case: visual comparisons, confusion tests, economic data.
  • Combine legal grounds: copyright, unfair competition, trade secrets.

 

Conclusion

Chinese courts mark a turning point in the fight against game reskinning, relying not only on copyright law but also on an evolving interpretation of unfair competition law. This strategy, now supported by hefty financial sanctions, is a deterrent to parasitic behavior in the gaming industry.
Dreyfus Law firm assists its clients in managing complex intellectual property cases, offering personalized advice and comprehensive operational support for the complete protection of intellectual property.

Dreyfus Law firm is partnered with a global network of lawyers specializing in intellectual property.

Nathalie Dreyfus with the assistance of the entire Dreyfus team.

 

FAQ

  1. What is game reskinning?

    It is the practice of copying a game’s gameplay while only changing its appearance.

  2. Why do Chinese courts impose high damages?

    To compensate for competitive loss and penalize unfair practices.

  3. Are game mechanics protected by copyright?

    No, they are considered as ideas, but can be protected through unfair competition law.

  4. Does this case law apply to foreign games?

    Yes, as long as they are exploited in the Chinese market.

  5. What evidence is required?

    Screenshots, video comparisons, functional analyses, data on audience or revenue loss.