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EU Packaging Regulation: IP Strategies for Re-use and Recyclability - Patents, Registered Designs, EU Trade Marks and PGIs; Three-year Innovation Grace and Pre-2025 Exceptions

Published on: 01 November 2024

Published by a LexisNexis Commercial expert

Legal News

Article summary

Consequences regarding design requirements

Wherever packaging is required, it should be conceived, manufactured and commercialised so that it enables re-use or high-quality recycling, while minimising environmental impact across its entire life-cycle and the life cycle of the goods it was created to contain. This approach gives manufacturers room to innovate in packaging design and to set their products apart through the application of such innovation. In turn, these novel packaging designs ought to be properly safeguarded through appropriate intellectual property protection, which may include:

Patents covering an inventive packaging format or an inventive packaging process;
Trade marks protecting the distinctive get-up of the product;
Registered designs safeguarding the visual appearance of new product packaging.

By aligning design, production and commercialisation with re-use and high-quality recycling, businesses can both lessen environmental impacts over the full life-cycle and leverage innovative packaging as a differentiator, provided those innovations are duly protected through the correct intellectual property rights...

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