IP analysis: Valérie Corbiau, senior Trade mark and Design attorney, and Michael Shaw, partner, at Marks & Clerk LLP review the new EU Regulation on Packaging and Packaging Waste from an IP rights perspective. The European Union is now close to finalising new legislation on packaging and packaging waste, placing an obligation on manufacturers and importers of products in the EU to minimise the volume and weight of product packaging, and to reduce packaging waste. In the interests of environmental sustainability, any product packaging that does not comply with these requirements is prohibited. The measures aim to increase the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging. The requirements apply both to the composition and volume of the product packaging. By 1 January 2030, the manufacturer or importer must ensure that any packaging placed on the market is designed so that its weight...
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