The protection of fictional characters under EU intellectual property law

Publicerad i Stockholm IP Law Review 2021 #2, december 2021 s. 34–47

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Fictional characters, may encounter different issues over the course of their existence. On the one hand, a third party could employ a fictional character for a different work than the one it was originally a part of. On the other hand, character creators have the possibility to register the name or physical appearance of a character as a trademark to market products in their likeness. Intellectual property, more specifically trademark law for the character’s business life, and copyright law, thus becomes a necessity in the two hypotheses outlined above. However, the EU copyright and trademark system needs to be improved.