Intellectual Property in Packaging Industry

Intellectual property is the creation of the mind. Such creations may vary from literary and artistic works, inventions to symbols, names and images used for commercial purposes. Intellectual property can be classified into (a) Industrial Property such as Patents, Trademarks, Industrial Designs and Geographical Indication; and (b) Copyright which covers literary works, films, music, etc.

In today’s scenario of global competition, innovation in the field of products and services has become necessary for any enterprise to gain a competitive advantage over global players by distinguishing itself from other competitors in the market. In this post, we will focus on the Packaging industry. The industry being highly innovative in bringing out new designs and manufacturing of packages as well as related technologies, has led to emergence of intellectual property in various forms that can provide valuable commercial advantages.

A proper understanding of Intellectual property, particularly trade mark, patents and design is needed for protecting the product from being copied by the competitors. Trademark registration can be obtained for different features of a new pack such as design of the packet, its color scheme and shape.

Further, the packaging of a product can also be protected under Industrial Designs Act, 2000 to protect the aesthetical features of the new pack and to avoid imitation with an intention of passing off. This provides a possibility of obtaining a return for investments made.

The packaging industry can also benefit from patent protection. A patent can protect any new technical features of a pack, such as a new closure or dispensing mechanism. It can also protect the pack itself and the apparatus or process used to manufacture it.

Knowing about Intellectual Property will go a long way in helping the packaging industry to grow; not knowing it can lead to lawsuits and expensive litigation. An in-depth knowledge and understanding of IPR can help the packaging industry to protect their creations and innovations from imposters and also gain commercial success.

Neetu Singh & Pratishtha Sinha

(Legal Trainees)