Jurisdiction(s):
European Union

Trade mark and copyright licensing for EU character merchandising: Article 101/102 TFEU, VRBE/TTBER guidance, block/individual exemptions, territorial and pricing restrictions

Published by a LexisNexis EU Law expert

Practice notes

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...

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Francion Brooks

Bristows

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...

Iva Gobac

Bristows

Iva trained at Bristows before qualifying as an Associate in 2023. She advises clients on all aspects of competition law, including merger control, investigations, litigation and competition law aspects arising out of commercial agreements. Iva also advises on the application of the National Security and Investment regime. She has experience of litigation before the High Court as well as the Competition Appeal Tribunal.Prior to joining the Competition team in October 2024, Iva worked in Bristows’ Brands, Designs and Copyright team and has a keen interest in the intersection between competition and IP law.Iva has written for publications such as The Licensing Journal, Entertainment Law Review, the Journal of World Intellectual Property, Intellectual Property Forum Journal (IPSANZ) and Thomson Reuters Practical Law.Prior to joining Bristows as a trainee solicitor, Iva worked as a consultant at the World Intellectual Property...

Web page updated on 22/05/2026

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