Francion Brooks
Francion specialises in EU and UK competition law. She has experience of both contentious and non-contentious matters, particularly for clients in the technology, life sciences and consumer products sectors.
Francion has acted in a number of FRAND disputes including for Samsung in the Unwired Planet litigation, and more recently in disputes for ZTE and Philips. She was also a member of the team that successfully defended Google in an abuse of dominance claim brought by Streetmap. Francion has also advised on the competition law aspects of a life sciences arbitration.
Francion advises on issues arising from commercial arrangements including settlement, distribution and licensing agreements across all sectors. She also advises on competition law and GSCOP issues arising in the retail and FMCG sector, including in relation to the recent Tesco/Booker and Sainsbury’s/Asda mergers.
Francion has spent time on secondment at Google and at the antitrust teams of two Chinese law firms based in Shanghai. She is the resident lawyer for the British Brands Group’s competition law compliance training programme, and also teaches the MBL workshop on IP Licensing and Competition Law. Francion is a frequent commentator on the intersection of competition and IP law as featured in the Bristows’ blog, the CLIP Board.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2010
Qualifications
- BSc Mathematics (2010)
- Diploma in Law / Legal Practice Course (2013)
- PG Dip EU Competition Law (2016)
- PG Dip Economics for Competition Law (2018)
Education
- Bristol University (2007-2010)
- BPP Law School (2011-2013)
- King's College, London (2015-2018)
3 Contributions by Francion Brooks
PRACTICE NOTES
EU competition law and copyright exploitation: Articles 101/102 TFEU, exhaustion, territorial restrictions, geo-blocking, collective management and dominance abuses
What is copyright?
Copyright safeguards the author’s original expression of ideas, not the ideas themselves. It does not hand the copyright owner a monopoly. Consequently, works that are alike or even identical may lawfully coexist provided they are not unauthorised reproductions. In the EU and the UK, protection arises automatically and requires no registration.
In general, copyright protects original:
musical, dramatic, literary and artistic works (all of which must be fixed in some form)
sound recordings
films
typographical arrangements of published editions and broadcasts
databases (which may fall under a database right or copyright)
source code, user code and preparatory design material, and in some cases a user interface, logic, algorithms or programming languages
Exhaustion of rights and parallel trade within the EEA Existence v exercise
At the heart of the EU’s approach are rules securing the free movement of goods between Member States. Article 34 of the Treaty on the Functioning of the European Union prohibits obstacles to cross-border trade in goods within the internal market. Article 36 TFEU permits a departure from Article 34 where such restrictions safeguard IP rights. However, this exception will...
EU Law
PRACTICE NOTES
Trade mark and copyright licensing for EU character merchandising: Article 101/102 TFEU, VRBE/TTBER guidance, block/individual exemptions, territorial and pricing restrictions
This Practice Note sets out the IP and competition law issues which may arise in connection with character merchandising (ie the practice of licensing the name or likeness of a character for use in the marketing of goods or services, which will usually require the licensing of trade marks and/or copyright) in the EU.
It also explores matters that may engage Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), together with any block or individual exemptions that could be relevant and apply. In principle, tying a product or service to a character can significantly heighten its perceived appeal in the marketplace to consumers. For rights holders, beyond the stream of royalties, exploiting these character assets can be a powerful tool for brand promotion and sponsorship activities and partnerships. For a real-world illustration of IP licensed for character merchandising and the strategic considerations involved, see News Analysis: What does the Barbie film mean for IP rights? The emphasis in this Practice Note is primarily EU law. For the position as it applies in the UK, consult Practice Note: Character merchandising—IP and competition law issues for UK businesses...
EU Law
PRACTICE NOTES
UK Character Merchandising: Copyright, Trade Marks and Passing Off Protection; Competition Law Risks (Chapter I, VABEO/TTBER), Block/Individual Exemptions and Drafting Guidance
This Practice Note
This Practice Note outlines the IP and competition law considerations that can surface around character merchandising (that is, licensing a character’s name or image for promoting goods or services, typically involving licences of trade marks and/or copyright) in the UK. It reviews matters arising under the Competition Act 1998 (CA 1998). It discusses potential block exemptions and individual exemptions that could be relevant. It also explores how competition law intersects with the tort of passing off. Conceptually, linking a product or service with a character enhances its appeal in the marketplace. For licensors, beyond the royalties received, exploiting such character rights can be an essential tool for marketing and sponsorship. For a concrete illustration where IP rights were licensed for character merchandising, together with an examination of the strategic considerations, see News Analysis: What does the Barbie film mean for IP rights? This Practice Note has a UK IP and competition law focus. From 1 January 2021, EU competition law no longer applies in the UK. Coverage includes the potential availability of block or individual exemptions, as appropriate, and the way such licensing arrangements may engage passing off alongside competition rules...
IP
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