How to Turn Your IP Strategy Green
With the environment at the top of the agenda for many companies, there is a growing need to incorporate sustainability into one’s corporate intellectual property (IP) strategy, reports James Nurton.
How can IP support the drive toward sustainability? Companies who want to answer this question need to be paying attention to issues such as regulation, partnering, and corporate and consumer messaging, explained speakers in yesterday’s session Green Is the New Black: How Does This Fit into an IP Strategy?
The panelists brought perspectives from three diverse companies. For Sara Hovath, general counsel at Ranpak (US), which makes natural packaging that replaces plastic, sustainability is “core to the company’s strategy.”
Similarly, Amanda Barry, head of IP at startup Bolt Threads (US), which produces MYLO leather alternative for the fashion industry, said: “For every choice we make, sustainability is a key issue.”
And the session’s moderator, Katie Sullivan, senior counsel at Whirlpool Properties, Inc. (US), a manufacturer and marketer of home appliances and related products, explained the journey that Whirlpool has been on to promote eco-awareness and recycling at all stages of the product cycle.
“There’s a lot of monitoring and auditing that goes into using certification marks.”
Sara Hovath, Ranpak (US)
Protecting innovation is key to the development of sustainable products, said Ms. Barry, and patents on both the material itself and the method of manufacturing are essential to “help investors see we’ve created something new.”
Patents can also enable technology transfer, which can help build markets for new products. For example, initiatives such as WIPO GREEN aim to promote sustainable innovation through partnering.
“IP helps technology flow out to people who might use it,” Ms. Barry said.
Alongside patents, companies need to consider trade secrets protection in appropriate cases. Copyright may also be relevant to protect the software code and algorithms used in manufacturing processes.
“Trademark protection does not insulate you from advertising claims.”
Katie Sullivan, Whirlpool Properties, Inc. (US)
IP strategy also should focus on how to communicate the benefits of sustainable products to consumers and corporate partners, such as manufacturers and distributors.
In Ranpak’s case, Ms. Hovath said its machines are protected by trademarks, trade dress, and design rights. The company also protects its “Deliver a Better World” slogan.
Certification marks are especially important for sustainable products to, for example, show consumers that the raw material is from sustainable sources or that the goods are suitable for vegans.
They can be used both offensively and defensively, said Ms. Hovath, noting, “There’s a lot of monitoring and auditing that goes into using certification marks.”
“IP helps technology flow out to people who might use it.”
Amanda Barry, Bolt Threads (US)
While trademarks are vital to build consumer confidence and loyalty, Ms. Sullivan reminded the audience that “trademark protection does not insulate you from advertising claims.”
Brand owners should closely examine implicit claims on their packaging. For example, the use of images such as leaves or water drops may be open to misinterpretation. At the same time, regulators are paying more attention to eco claims on packaging. Such scrutiny is set to increase, with the U.S. Securities and Exchange Commission now considering a proposal to mandate climate-risk disclosures by public companies. Predicted Ms. Hovath: “There’s going to be more and more regulation in the ESG space. This is an area of law that’s evolving.”
Video courtesy of Adobe Stock / tanarch
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Looking for some engaging talks? We have the Solution: the all-new Solution Showcase, located in the Brand Marketplace. Today’s schedule includes the announcement of the winner of INTA’s inaugural Green Swag Contest, at 4:40 pm. (Cast your vote for the best green swag by 4:00 pm!)
Tuesday, May 3, 2022
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