Protecting your UK and EU product packaging and labels should be a New Year’s resolution. Part 1: Protect Unique Labelling in the EU
Read on to find out more. Continue reading to learn more.
The new EU Packaging Regulation will be signed on 19 December 2024 and will enter into force 18 month after the date of publication. This date is yet to be announced. This replaces the old packaging directive, and introduces significant changes to the system. The changes include stringent requirements for sustainability, recyclability, and limiting single use plastics in products sold within the EU. However, the regulation will also provide certainty for brands as the regulation will harmonise the rules across all EU member states, which will stop brands having to contend with varying, sometimes conflicting, packaging rules in different markets.
Packaging Minimisation in the EU
This new regulation will have a large effect on many industries including fast moving consumer goods, cosmetics and fashion, but we want to draw your attention to one new requirement in particular, the requirement for packaging minimisation (Article 10). This requires packaging to be designed so as to minimise its volume and weight, and to enable recyclability.
There will therefore be a ban on “superfluous” packaging such as double walls and false bottoms, but also packaging that is not necessary for “packaging function”. This could limit the ability of a brand to use innovative and creative packaging in order to stand out on the market. Packaging that is protected by EU or national design laws, trademark laws, or international agreements could be exempt from this rule. This exception is applicable if packaging changes affect “the shape and design of the packaging” in a way that would make it impossible for the trademark to distinguish the trademarked goods from other goods or enterprises. Importantly, UK designs and trademarks will not count, and companies will need EU-based registrations to qualify for this exception.
However, the exception only applies to trademark and design rights protected before the date of entry into force of the new regulation. This means that the clock will start to tick very shortly with an 18-month window to ensure designs and trademarks are properly filed.
Key Takeaways for Brands
The key takeaways are:
Review trade mark and design portfolios to check protection status today;
File trade marks for any hero products and packaging to protect their shape, look and feel (multiple marks may be necessary depending on the complexity of the packaging); and
- File registered designs for new products as soon as possible.
- Look out for Part 2 of this series on combating product imitations (known as ‘dupes’) in the UK, coming soon.
