THQ Using Nintendo's Intellectual Property?

In a recent SEC filing by THQ, a license agreement for the Nintendo DS between Nintendo of America and THQ was revealed.

In a SEC filing by THQ yesterday, it appeared that Nintendo and THQ are working together.

On January 25, 2005, Nintendo of America Inc. (?Nintendo?) and THQ Inc. (?Registrant?) entered into a Confidential License Agreement for the Nintendo DS handheld platform. The agreement grants the Registrant the right to use certain of Nintendo?s intellectual property to develop, publish and distribute video games for the Nintendo DS handheld platform until January 25, 2008 in all countries in the Western Hemisphere (including possessions and territories) in accordance with the terms of the agreement. Nintendo charges the Registrant certain amounts under its current pricing schedule, which prices includes including manufacturing as well as a royalty for the use of Nintendo?s intellectual property. Nintendo has the right to approve each game, including the game?s packaging, all printed materials distributed with the game and all marketing materials.

So what does this mean? Will we see Mario in SpongeBob games? Most probably not. According to the filing, Nintendo will still keep the upper hand at approving a game. If Nintendo does not agree with the game itself, or the usage of the intellectual property, Nintendo can simply not approve the game which results in no game at all. In theory it is possible that a few games will actually slip through. Has this something to do with Tetris DS recently popping up at some e-tailers' listings? Again, probably not. 'Tetris' is not actually owned by anyone in the United States. The Tetris Company LLC does hold the 'Tetris' trademark, however there is no patent on the game of falling tetraminoes.

What I do expect from this agreement is a joint-venture as Nintendo did with Namco as was the case with the GameCube's bongo-game Donkey Konga. Whatever the consequences of this deal may be, only time will tell. However, one thing is certain: the agreement does show THQ's trust in the Nintendo DS.

src: THQ

Share on Twitter or FacebookPosted on 01-02-2005 by Dennis

Comments

• 

  nooooooooooooooooooooooooooooooooo.... When I play with Nintendo characters, I want Nintendo to make it (or capcom) not THQ...

  webhero, 30-11--0001 at 00:00