Gaming and Sports Laws Practice
Our Gaming and Sports Laws practice advises online gaming platforms, fantasy sports operators, e-sports businesses, and sports organisations on the regulatory, IP, and commercial aspects of operating in India’s gaming and sports sectors. India’s online gaming sector is subject to an evolving central and state regulatory framework that has changed materially since 2023; the sports sector is developing a legal infrastructure for player contracts, image rights, and sports dispute resolution.
- The game of skill versus game of chance distinction determines whether an online game can be offered commercially across India without attracting state gambling legislation. We advise on the legal test for each game format.
- The IT (Intermediary Guidelines) Amendment Rules, 2023 require online gaming intermediaries to register and comply with specified due diligence and user protection obligations. We advise platforms on compliance with the current Rules.
- GST on online gaming was modified with effect from 1 October 2023 to apply 28% on the full value of deposits — a change that materially affected the economics of many gaming platforms.
- IP protection — trademark, copyright in game code and audiovisual elements, design registration for game interfaces — is the foundational legal asset of a gaming business. We advise gaming companies on IP structuring and enforcement.
- For sports organisations, image rights licensing, player contracts, and event IP protection require tailored legal structuring that general contract law alone does not provide.
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Online Gaming Regulation — The Current Framework
The game of skill versus game of chance distinction is the primary determinant of regulatory risk in Indian online gaming. Games of skill are generally permissible across India subject to state-specific legislation in states that have enacted specific gaming prohibition or regulation laws. Fantasy sports platforms have generally been treated as games of skill, but the legal position is not settled uniformly across all states. We advise on the risk profile for each game format in each target state.
The IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 introduced an online gaming intermediary category with specific due diligence and user protection obligations, and a Self-Regulatory Body framework for game registration. We advise platforms on compliance with the current Rules and on monitoring the development of the SRB framework.
Sports Law — Player Contracts, Image Rights, and Dispute Resolution
We advise sports organisations, clubs, and professional athletes on the legal framework for player contracts, image rights licensing, endorsement agreements, and transfer documentation. Player contracts in India are governed primarily by general contract law under the Indian Contract Act, 1872, subject to the applicable national federation rules.
Image rights — the right to commercially exploit an individual’s name, likeness, and reputation — are protected in India through a combination of trademark law for registered names and marks, passing off, and the personality rights doctrine developed in Indian court decisions. We advise athletes and their representatives on structuring image rights protection and enforcement against unauthorised commercial use.
Gaming and Sports IP — Protection and Enforcement
We advise gaming businesses on IP protection: trademark registration for game names and characters, copyright in game code and audiovisual elements, design registration for game interfaces, and assessment of game mechanic patentability under the Patents Act, 1970. For sports organisations, we advise on trademark protection for team names, logos, and event marks, and on licensing and merchandising arrangements. Enforcement against infringement — grey market and counterfeit merchandise in sports, and clone games in gaming — is managed through our IP Enforcement & Anti-Counterfeiting practice.
“IP protection is the foundational legal asset of a gaming business. A game that achieves traction without registered trademarks and documented copyright ownership is a game that is already commercially vulnerable.”Esports — The Emerging Legal Framework
We advise esports platforms, tournament organisers, and professional esports players on tournament structuring and prize distribution, player contract drafting, streaming rights and content licensing, and IP protection of esports brands and game content. The Ministry of Youth Affairs and Sports has recognised esports as a multi-sport event, which is the beginning of a formal legal framework that will develop further. Across 13 partners and 220+ professionals from offices in New Delhi, Mumbai, Chennai, Hyderabad, and Bangalore.
Frequently Asked Questions
gaming-and-sports-laws-practice-faq
The legality of online gaming in India depends on whether the game is classified as a game of skill or a game of chance. Games of skill are generally permissible across India, as they are not treated as gambling under most state gambling laws. Games of chance are regulated under state gambling legislation, which varies significantly in scope and enforcement. Fantasy sports platforms have generally been treated as games of skill by Indian courts, but the position varies across states. Certain states — including Andhra Pradesh, Telangana, and Tamil Nadu at various times — have enacted specific gaming prohibition legislation that may affect the permissibility of certain formats.
The IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 require online gaming intermediaries to comply with specified due diligence obligations, implement user protection measures including deposit limits and addiction prevention features, and register games through a Self-Regulatory Body framework. Platforms must also comply with GST obligations — 28% GST applies on the full value of player deposits for online money gaming, effective 1 October 2023.
With effect from 1 October 2023, GST on online money gaming — games where winnings are payable in money — applies at 28% on the full face value of player deposits (not only on gross gaming revenue or platform fees). This change materially increased the effective GST burden on gaming platforms compared to the pre-October 2023 position and has affected the economics of many business models. Platforms must assess their specific model against the current GST framework and the applicable state gaming legislation.
Image rights in India are protected through a combination of trademark registration (for the athlete’s name used as a brand or logo), passing off (to prevent third parties from creating a false association with the athlete), and the developing personality rights doctrine under which Indian courts have recognised that a public figure has an enforceable right against the unauthorised commercial exploitation of their name, likeness, and persona.
Yes. Esports players in India should have formal engagement contracts with their teams or organisations, addressing: the nature of the engagement (employment or independent contractor); revenue sharing on tournament winnings; streaming and content creation rights; image rights licensing to the team; IP assignment for any content created during the engagement; and restraint of trade and team transfer provisions. In the absence of a clear contract, disputes about prize sharing, team IP, and transfer fall back on general contract law which may not reflect the parties’ actual intentions.