08 January 2025
The European Union is nearing the final stages of implementing new legislation targeting packaging and packaging waste. This law will require manufacturers and importers to minimise the size and weight of product packaging while increasing the use of recyclable and recycled materials. Non-compliant packaging will be prohibited starting January 1, 2030. The goal is to promote sustainability by reducing waste and encouraging innovative, eco-friendly packaging solutions.
The regulation mandates that packaging must be designed for minimal environmental impact, with a focus on reusability or high-quality recycling. Businesses are encouraged to innovate in packaging design, offering opportunities to enhance brand distinction. To protect these designs, manufacturers can pursue intellectual property (IP) protections such as patents for inventive designs or processes, trade marks for unique branding, and registered designs for novel appearances.
A transitional period allows innovative packaging with significant environmental benefits to comply within three additional years, provided it includes technical documentation and a recycling plan. However, certain designs—like single-use packaging or packaging that increases perceived product volume—may be exempt if protected under specific IP rights before the regulation's expected enforcement in 2025.
Businesses with valuable packaging that might conflict with the new rules are advised to secure IP protection before the regulation takes effect. Newly introduced designs may still qualify for protection through a 12-month grace period. This legislation also offers opportunities to develop innovative packaging solutions that could merit new IP rights, providing a competitive edge.
As the regulation takes shape, its long-term impact on EU and global businesses remains to be seen, as does its potential influence on similar legislation in other regions.
