Back in February, we discussed the proposed new EU regulation on packaging and packaging waste. And in April, the European Parliament officially adopted it.

The EU is now on the brink of finalising this legislation, which requires that manufacturers and importers in the EU minimize the volume and weight of product packaging and reduce packaging waste. As we mentioned earlier this year, this could mean the end of distinctive packaging, like those fancy perfume boxes. So… “EU” de toilette, anyone?

But there’s a silver lining for innovation! Packaging that introduces innovative features, significantly improving its core function and demonstrating environmental benefits, will get an extra three years to meet recyclability requirements. However, these innovative packages must come with technical documents explaining their features and recycling plans. Plus, you need to notify the European Commission and the relevant regulator before launching them.

There’s also good news for intellectual property. The new regulation won’t apply to certain packaging designs (including single-use packaging and designs that increase perceived product volume, such as double walls, false bottoms, and unnecessary layers) if they are protected by:

• A European Community design
• A three-dimensional EU trademark
• A protected geographical indication

However, this exemption only applies to designs and trademarks protected before the regulation comes into force, expected in early 2025. Additionally, the exemption is valid only if applying the regulation would alter the novelty or individual character of the registered design or affect the trademark’s ability to distinguish the goods from those of other businesses.

The Council is now expected to formally adopt the final text. Once adopted, the regulation will be published in the Official Journal of the European Union and will enter into force. The regulation will apply 18 months after its entry into force, so towards the end of 2026.

If you manufacture goods with distinctive packaging, we recommend reviewing your IP portfolios to ensure they are protected before the new regulation takes effect.