Trademarks, design, licensing and emerging technologies in protecting the value of play On the occasion of the International Day of Play, celebrated every year on 11 June under the initiative of the United Nations to promote the value of play in children’s development and well-being, it is particularly relevant to reflect on the role of Intellectual Property in one of the most creative and innovative sectors of the modern economy: the toy industry. When discussing toys, attention is often focused on the physical product. However, the value of a toy is increasingly driven by a set of intangible assets that determine its commercial success: trademarks, designs, characters, creative content, technologies, digital platforms and licensing strategies. In an increasingly global and competitive market, the protection of these assets is essential not only to safeguard innovation, but also to support business growth and competitiveness. The toy as an ecosystem of Intellectual Property rights Behind every successful toy lies a complex ecosystem of Intellectual Property rights. Trademarks are often the primary distinguishing element through which consumers identify a product and recognize its quality. Trademark protection allows companies to consolidate their reputation and differentiate themselves in highly competitive markets. Alongside trademarks, design protection plays a key role. The shape, lines, colours and aesthetic features of a toy can be decisive factors in purchasing decisions and often represent a significant creative investment by the company. Copyright also plays a central role, particularly in relation to characters, illustrations, audiovisual content, multimedia works and narrative universes that increasingly accompany the play experience. In some cases, specific technical or functional solutions may also benefit from patent protection, further strengthening the company’s competitive advantage. Creativity, innovation and commercial success A significant confirmation of the vitality of the sector emerged during the International Day of Play on 11 June 2026, when “La Cucaracha” by Ravensburger was awarded the fifth edition of the “Gioco per Sempre Kids Award”, a recognition directly voted by children through a system that collected around 5,000 preferences. The award was presented during an event held at Palazzo Lombardia, within the initiatives promoted by Assogiocattoli. The success of the game demonstrates how, even in an increasingly digital environment, younger consumers continue to value play experiences that combine creativity, engagement, interaction and social connection. Products of this kind are often supported by a complex portfolio of Intellectual Property rights: trademarks, design rights, creative content, packaging, communication strategies and, increasingly, technological and digital components that define product identity and differentiation. The ability to protect and enhance these intangible assets is now one of the key competitive factors in the toy industry. From toy to brand: the strategic role of licensing The evolution of the market has progressively transformed toys from simple products into full brand ecosystems. Today, economic value is not derived solely from product sales, but from the ability to build experiences, content and relationships with consumers. In this context, licensing is one of the most important tools for the valorisation of Intellectual Property. Characters, trademarks, creative content and audiovisual works can be licensed for the development of new product lines, commercial collaborations and co-branding initiatives, generating opportunities for growth and expansion into new markets. Proper structuring of licensing agreements is therefore essential, both to ensure adequate control over rights usage and to preserve brand value and reputation over time. Emerging technologies and Artificial Intelligence: opportunities and new challenges The toy industry is currently undergoing a profound technological transformation. Digital applications, interactive games, online platforms, augmented reality and Artificial Intelligence-based tools are reshaping how children and families interact with play. This evolution opens highly promising opportunities in terms of innovation and user experience, but also raises important legal questions. Key issues include the protection of creative content used to train AI systems, the safeguarding of characters and works generated or processed through automated tools, the management of rights in digital content, and the preservation of the economic value of intangible assets. The challenge is not to oppose technological innovation and human creativity, but to identify a balance that enables the development of new technologies without undermining the creative investments that form the backbone of the industry. In the toy sector in particular, technological innovation must continue to coexist with the educational, relational and creative function of play, preserving the human value that has always defined the play experience. The relevance of these issues was further highlighted during the International Day of Play on 11 June 2026, promoted by Assogiocattoli as part of the “Gioco per Sempre” campaign. During the event, dedicated to the theme “Protect play, protect childhood”, the study “Beyond the screen: Smart Toys. New educational balance or new form of dependency?” was presented, highlighting how the relationship between children, technology and play represents one of the key educational challenges of our time. The data show increasing familiarity among minors with digital devices, alongside strong parental attention to tools that ensure safety, content control and a balanced use of new technologies. In this context, innovation cannot be considered solely a technological or commercial opportunity. Companies are required to develop products and services that combine innovation, child protection, digital safety and the quality of the play experience. Intellectual Property must also adapt to these transformations. The protection of creative content, software, interactive platforms and AI-driven business models must be accompanied by a broader reflection on the social value of play and its role in shaping future generations. The role of businesses and industry associations Toy industry companies are now required to face a transformation that goes beyond technology and also involves changing consumption habits and evolving family expectations. The growing presence of digital devices in children’s daily lives raises important questions about the future of play, the role of traditional toys and the ways in which younger generations develop creativity, imagination and relational skills. In this scenario, Intellectual Property is no longer merely a legal protection tool, but a strategic driver of growth and competitiveness. Protecting trademarks, designs, content and innovations means safeguarding investments, enhancing creativity and enabling sustainable growth. At the same time, industry associations play a fundamental role in fostering dialogue between companies, institutions and professionals, contributing to the development of a more informed and innovation-oriented Intellectual Property culture. In a context where business value is increasingly tied to intangible assets, collaboration among industry players is becoming essential to effectively address the challenges posed by digitalisation and emerging technologies. Conclusions The International Day of Play serves as a reminder of the fundamental role that play continues to play in the development of future generations. Behind every play experience lie creativity, research, innovation and investment, all of which deserve to be properly recognised, protected and enhanced. In a market increasingly shaped by digital content, emerging technologies and Artificial Intelligence, Intellectual Property has become far more than a mechanism for protecting legal rights. It is now a strategic business asset that fosters innovation, attracts investment and supports the sustainable growth of an industry that generates significant economic, cultural and social value. Its function extends well beyond preventing counterfeiting or imitation. A sound Intellectual Property strategy enables companies to structure licensing programmes, merchandising initiatives, co-branding projects and commercial partnerships on a solid legal foundation, thereby transforming creativity into tangible economic value. At the same time, clear ownership and effective management of IP rights have become increasingly important factors in international expansion, investment transactions and due diligence processes. From this perspective, Intellectual Property contracts play a pivotal role. Well-drafted agreements governing relationships with designers, authors, developers, licensors, licensees and commercial partners are essential not only to prevent future disputes, but also to clearly define ownership of rights, the scope of exploitation, licensing arrangements and the management of future developments. Accordingly, effective IP protection is achieved not only through registered rights and statutory protection, but also through careful contractual planning capable of supporting the entire lifecycle of a product. The toy industry offers a particularly compelling example of this evolution. Increasingly, the commercial value of a toy lies not merely in the physical product itself, but in the ecosystem of rights surrounding it: trademarks, designs, copyright, characters, digital content, video games, applications, interactive experiences and licensing programmes. In this context, Intellectual Property becomes a genuine legal infrastructure for innovation, supporting brand development well beyond the commercialisation of a single product. The growing use of Artificial Intelligence in creative processes further highlights the need for proactive IP governance. Companies are increasingly required to address issues relating to ownership of AI-assisted creative outputs, licensing models, data management and contractual relationships with designers, developers and other participants across the creative value chain. Against this background, the International Day of Play also offers an opportunity for reflection for industry stakeholders. Promoting the value of play today means recognising the value of the creativity that makes it possible and adopting legal tools capable not only of protecting that creativity, but also of governing and enhancing it. For businesses operating in the toy industry, the challenge for the coming years will not simply be to innovate products, but to leverage Intellectual Property as a strategic business asset capable of driving growth, enabling collaboration and creating long-term value throughout the entire innovation ecosystem. S.T.
2026 - Morri Rossetti
