EU Packaging and Packaging Waste Regulation (PPWR): Registration of property rights as last chance until 11 February 2025
Published on 3rd Feb 2025
Effects and important exceptions of the new EU regulation – protected trademarks and designs offer a way out of the strict guidelines
The new EU Packaging and Packaging Waste Regulation (PPWR, Regulation (EU) No. 2025/40) will soon come into effect. From 12 August 2025, this regulation will apply directly in the member states. The new rules will have significant impacts on the current packaging industry and trade in the EU.
A possible way out of the obligation to minimise packaging under the new PPWR is to register the designs and shapes of the packaging as trademarks or designs - but only if the trademark and design rights are protected before 11 February 2025.
Background
The PPWR is a central part of the European Green Deal and aims to reduce packaging waste and strengthen recyclability. The regulation applies to all packaging, regardless of the material, as well as all packaging waste, regardless of its place of origin (Art. 2 para. 1). From 1 January 2030, packaging may only be placed on the market if it meets the requirements of the regulation (Art. 4 para. 1).
Impacts of the PPWR – Goodbye to Excessive Packaging Waste
Article 10 of the regulation, which governs the minimisation of packaging, forms the heart of the new requirements. From 1 January 2030, manufacturers and importers are required to design packaging so that its weight and volume are reduced to the necessary minimum while maintaining functionality. Marketing and design aspects must no longer lead to an increase in packaging weight or volume. The far-reaching impact of the PPWR is particularly evident from Annex I of the regulation. It lists the items that fall under the definition of packaging. These include not only boxes for sweets, tea and coffee foil bags, and shipping envelopes for catalogues and magazines (with content), but also labels that are directly attached to or affixed to a product. This also includes stickers attached to fruits and vegetables. This means the end for many common packaging practices, especially double walls, false bottoms, or oversized outer packaging that serve solely for visual enhancement or sales promotion. Many types of packaging currently in use will therefore no longer be permitted from 1 January 2030.
Temporary Exceptions for Packaging with geographical indications, trademark protection, and design protection
The rules on packaging minimisation are not intended to compromise product specifications for artisanal and industrial products as well as food and agricultural products protected by the EU regulation for protected geographical indications. Exceptions also exist for designs and shapes of packaging protected as trademarks or designs under Union or national law or international agreements. However, these exceptions are time-limited: they only apply to trademark and design rights registered before 11 February 2025. Later registrations do not benefit from this special rule, so timely registration is crucial.
Practical Tip
The regulation affects a wide range of companies along the entire value chain. Given the upcoming entry into force on 9 February 2025 and the important deadline for the exception until 11 February 2025, companies should act now.
- Registering trademarks or designs of packaging designs and shapes before 11 February 2025 can open up the possibility of continuing to use packaging that does not comply with the new requirements even after 1 January 2030.
- Companies should review and adjust their packaging strategies early to ensure they comply with the new PPWR requirements from 1 January 2030.
If you have any questions, we are happy to assist you. Our team supports you in implementing the new requirements, especially in registering trademarks and design rights as well as strategically adjusting your packaging concepts.
The PPWR regulation is available here.
