Boult Wade Tennant
Bulletins » Sustainable consumer goods and IP

In an era where sustainability and environmental consciousness are increasingly critical to consumers, companies are leveraging IP to innovate, protect, and promote eco-friendly products. This article explores the integral role of IP in advancing the development of sustainable consumer goods and examines how businesses utilise IP rights to progress environmentally responsible practices. 

There are three main types of IP which play a role in sustainable innovation:  

I. Patents and Technological Advancements  

Patents serve to protect innovative advancements. Over recent years there has been a significant increase in the number of patent applications made for biodegradable plastic innovations and renewable energy solutions.  

II. Trade Marks and Brand Trust 

Green trade marks are trade marks which include a word related to the environment (such as “environmentally friendly”, “sustainable” or “eco”). In the last 10 years, the number of trade marks filed in the UK containing the word “sustainable” has increased by almost three times from proceeding years.  

Certification trade marks such as Fair Trade Certified help consumers to identify and trust products that meet certain environmental standards, enhancing brand reputation and consumer loyalty.   

III. Trade Secrets and Brand-unique processes  

Trade secrets protect brand-unique methods that contribute to sustainability, allowing companies to maintain competitive advantages while contributing to environmental goals. For example, Coca-Cola have been at the forefront of environmental innovation with a number of different campaigns:  

  • Coca-Cola recently trailed the first ever drink in a paper bottle through their AdeZ brand in Hungary.  
  • Coca-cola changed their Sprite bottles from green to clear to make it easier to turn the material back into new bottles.  
  • Coca-Cola launched a Marine Plastic Bottle campaign which created 300 bottles using 25% recycled marine plastic, retrieved from the Mediterranean Sea. This was using enhanced recycling technologies which can process lower- grade plastic. 

How companies leverage IP to promote eco-friendly products
Companies are increasingly using trade marks associated with sustainability not only to differentiate their products in the market, but to also align the brand’s image with eco-friendly values to attract environmentally conscious consumers. Companies such as Tesla and Patagonia have been extremely successful in creating ‘Green Brands’.  

In addition, companies are engaging in collaborative innovations and licensing of their green technologies or branding to others to encourage the industry-wide adoption of sustainable practices. For example, The Vegan Society have successfully licensed their logo (below) across a range of sectors for the certification of vegan produce:  

 Challenges
It follows to consider that alongside the positive role of IP in the development and protection of sustainable and eco-friendly consumers products, there are also challenges which brands and rights holders should consider.  

In particular, misleading claims about sustainability can damage brand credibility and, in some cases, lead to legal challenges. Companies must ensure that their use of trade marks and marketing claims are substantiated to avoid accusations of greenwashing, which can erode consumer trust and ultimately could play a part in the downfall of a brand.  

Conclusion
IP plays a vital role in the development and promotion of sustainable and eco-friendly consumer goods. By strategically leveraging patents, trademarks, and trade secrets, companies can not only protect their innovations but also drive the market towards more environmentally responsible products. As the consumer demand for sustainability continues to grow in the current climate, the effective use of IP will be key to fostering an eco-friendly future. 

Relevant sectors
Aerospace
  • Commercial aviation
  • Defence and security
  • Space and satellites
  • Unmanned aerial vehicles
Artificial Intelligence and Machine Learning
Automotive
  • Autonomous vehicles
  • Electric vehicles
  • Engines
Biotechnology
  • Antibody engineering
  • Antibody manufacture and formulation
  • Bioinformatics
  • Biosimilars
  • Drug delivery
  • Gene editing (e.g. CRISPR)
  • Genomic and molecular tools and methods
  • GM crops
  • Immuno-oncology (e.g. checkpoint inhibitors; modified T cells)
  • Next generation sequencing
  • Nucleic acid synthesis
  • Personalised medicine/disease biomarkers
  • Recombinant protein production and purification
  • Stem cell therapies
  • Supplementary protection certificates (SPCs)
  • Synthetic biology
  • Therapeutic antibodies
  • Vaccinology (e.g. viral vectors; mRNA vaccines)
  • Women’s health products
Chemicals
  • Agrochemicals
  • Catalysts
  • Dispersions and colloids
  • Lubricants
  • Polymers and plastics
Communications and Networks
  • Cloud computing
  • Internet of things (IOT)
  • Oceanography, marine
  • Wired and wireless networks
Computing and Software
  • Artificial intelligence and machine learning
  • Bioinformatics
  • Blockchain and distributed ledgers
  • Communications and networks
  • Computer games
  • Data and software security, cryptography and digital rights management (DRM)
  • Data management and storage, databases and data compression
  • Digital assistants, virtual assistants and software agents
  • Fintech and adtech
  • Machine vision
  • Metaverse, virtual reality (VR) and augmented reality (AR)
  • Motor capture
  • Multimedia, audio/video processing and animation
  • Natural language processing
  • Quantum computing
  • Robotic process automation
  • Search engines
  • Signal processing
  • Software applications and systems, mobile applications, user interfaces
Consumer Goods and Retail
  • Anti-counterfeit devices
  • Beauty
  • Fashion
  • Health, fitness and sport
  • Household goods
  • Luxury goods
  • Moda
  • Retail
Electronics and Electrical Devices
  • Computer and IT architecture and system design
  • Medical devices
  • Optics
  • Restaurants and bars
  • Robotics
  • Scientific instruments
  • Semiconductor devices
  • Testing systems, control systems, signal processing
  • Travel and leisure
  • Wearable tech and human interfaces
Energy and Green Technologies
  • Biofuels
  • Clean air
  • Fuel cells and battery technology
  • Renewables and recycling
  • Solar power
  • Water, oil and gas, nuclear, fusion, fission
  • Wind turbines
Food and Beverage
  • Beverages
  • Nutrition
  • Retail
Industrial Manufacturing and Processing
  • Packaging
  • Polymers and plastics
  • Printing tech
  • Additive manufacturing
  • Coatings
  • Construction
Materials
  • Advanced materials
  • Composite materials
  • Metallurgy and alloys
  • Nanotechnology
Medical Devices and Diagnostics
  • Artificial intelligence
  • Devices
  • Diagnostic instruments
  • Digital health
  • Drug delivery
  • Immuno-oncology
  • In vitro diagnostics
  • Medtech
Pharmaceuticals
  • Diagnostics
  • Drug delivery
  • Generic market entry
  • Medicinal chemistry
  • Methods of production and synthesis
  • Personalised medicine/disease biomarkers
  • Pharmaceutical formulations
  • Pharmaceuticalsceutical formulations
  • Polymorphs
  • Small molecule pharmaceuticals
  • Supplementary protection certificates (SPCs)
Trade Marks
  • Consumer goods
  • Cosmetics and perfumery
  • Financial services
  • Mechanical engineering
  • Mechanical products
  • Services
  • Telecommunications
Relevant sectors