Can Sustainable Packaging Designs Be Protected Under Design and Patent Laws?

INTRODUCTION

In recent times, there has been a huge demand for such sustainable packaging as people have become environmentally conscious due to climate change and other environmental concerns. Due to these reasons, there has been a rise in sustainable packaging companies in India, like Mindful, The Mend Packaging, Brown Living, etc. As lawyers, the question that might come to our mind is whether these packaging designs fall under the Designs Act, 2002, and the Patents Act, 1970.

The Bureau of Indian Standards has introduced a Handbook on Indian Standards on Sustainable Packaging in a move to drive towards sustainable packaging as the new packaging of India. Since the government is also determined to make sustainable packaging the most used, it is important to understand which intellectual property can actually protect this method, considering it is not only an emerging trend but also the need of the hour.

DESIGN PROTECTION

The Designs Act, 2002, grants protection to industrial designs in India. It protects the aesthetic appearance of the product and not its technical function. The Act protects the features of shape, configuration, pattern, ornament, or composition of lines or colors that are applied to an article and appeal to the eye.

According to the Act, companies can safeguard the aesthetic qualities of their sustainable packaging through design registration. For a design to be eligible for protection, which is valid for 10 years with a five-year extension, it must be not only new but also original. This registration protects the brand's visual identity by prohibiting others from utilizing a similar design. Thus, the sustainable packaging used can be protected by this act if it consists of uniqueness and distinctiveness.

PATENT PROTECTION

In India, sustainable packaging can also be protected by the Patent Act, 1970, if it satisfies the standard requirements for patentability. Like any other invention, a sustainable packaging innovation would be evaluated based on its novelty, non-obviousness (involving an inventive step), and industrial applicability. For a sustainable packaging invention to be granted a patent under the Act, it must have:

1. New (Novel): The invention must not have been foreseen by earlier publications or applications in India or anyplace else in the globe.

2. Include a creative step (non-obvious): The invention should be distinct and not obvious.

3. Capable of industrial use (utility): The invention needs to be able to be produced or applied in an industry.

EXAMPLES OF SUSTAINABLE PACKAGING IN INDIA THAT ARE PROTECTED BY THE DESIGN AND PATENT ACT

In recent times, with the advent of technology and increased awareness of climate change and the environment, people have opted to use sustainable packaging as alternatives to traditional plastic packaging. For example, Tata Consumer Products has introduced compostable tea packaging manufactured from plant-based materials. This compostable tea packaging has been patented by the Tata Group, as it is a novel and unique method of preserving the aroma of tea while also being biodegradable. Similarly, a company called Ecoware, based in Delhi, also created biodegradable food packaging and tableware using agricultural waste, including wheat and sugarcane waste. This packaging is registered and protected by the Designs Act, 2000.

Another example is UFlex Limited, which invented an oxide-barrier polyester film for use in recyclable flexible packaging, resulting in reduced plastic usage while preserving product shelf life. For their bamboo-based laminates and molded fiber packaging, startups like Chuk and Bambrew have also applied for intellectual property protection. These instances demonstrate how India's sustainability industry actively uses both design and patent protection, offering both commercial exclusivity and acknowledgement for environmental innovation.

CHALLENGES IN PROTECTING SUSTAINABLE PACKAGING AS IPR

Sustainable packaging is difficult to protect under the Indian IP laws, especially since there is a huge requirement of novelty and distinctiveness, which is problematic for the company, as most of the packaging methods are similar to each other. In the rapidly changing packaging industry, where designs may alter before protection is given, the protracted patent review procedure can also discourage inventors. Additionally, small businesses do not register their inventions due to a lack of IP understanding.

Faster examination deadlines for green inventions, more outreach to educate small firms, and more precise rules to evaluate utility in sustainable designs are all necessary to address these issues. Then and only then will intellectual property be able to really encourage and reward sustainable innovation in India's packaging sector.

It is therefore challenging for incremental sustainability improvements to be considered innovations under the strict originality and inventive step standards of the Patents Act, 1970, as well as the Design Act, 2000. Startups may alter materials or procedures for environmental reasons, but they don't reach the "technical advancement" criteria, due to which currently there is very little registered sustainable packaging as a patent or design.

CONCLUSION

To conclude, it is necessary to emphasize the value of registering this sustainable packaging as IPR in India so that in the future no individual or company can claim their ownership rights to these sustainable packaging methods. All the above-mentioned examples are earning a lot of money by registering their products under IPR. Therefore, investing in legal safeguards for packaging design is not only essential but also strategically critical for long-term success.