Paper, woodwork products and packaging

When new solutions are developed in collaboration between forest owners, material manufacturers, converting companies, machine suppliers, brand owners and recyclers, control over technology, know-how and commercial rights becomes crucial.

Intellectual assets in the paper, forestry and packaging industry

Companies in this industry develop intellectual assets throughout the value chain, from the processing of raw materials to production, filling, distribution, use and recycling.

Patents and trade secrets can protect new fibre materials, chemical compositions, barrier solutions, surface treatments, production methods, machine technology and packaging constructions. The technology can lie in the material, the production process or the interaction between the packaging and the production or filling system.

Barriers and coatings are central in packaging for food and liquids, among other things, because they can control the impact of moisture, fat, oxygen, gas and aroma. At the same time, efforts are being made to reduce material use, increase the proportion of renewable input factors and make packaging easier to recycle.

Trade secrets can be particularly important for process parameters, raw material combinations, chemical formulations, test results, quality data and knowledge of how industrial production can be optimised. Such knowledge can be developed through many years of experience and be difficult for competitors to replicate.

Designs and trademarks protect the visual design of the packaging and the commercial identity of the products, respectively. The packaging should not only protect the contents. It should also work in stores and e-commerce, be easy to handle and communicate the product's origin, quality and properties.

Agreements and documented ownership are crucial when solutions are developed together with customers, suppliers, research environments or technology partners. The agreements should clarify ownership of existing technology, project results, test data, improvements and the right to use the solution in relation to other customers.

Key IP challenges

How to protect material and process technology?

New technology can be difficult to protect if the innovation consists of a combination of known raw materials, chemistry, process conditions and production equipment. It must therefore be assessed at an early stage which parts of the solution can be patented, and which parts should be kept secret.

A patent may be particularly relevant when the material or product can be analysed and imitated. Secrecy may be better suited for production parameters and process knowledge that cannot be revealed from the end product.

Who owns the results when several players develop the solution?

Packaging innovation often takes place across the value chain. A material manufacturer can develop the solution together with a machine supplier, a packaging manufacturer and a customer with specific requirements for durability, production and distribution.

If ownership and rights of use are not regulated before development work begins, there may be ambiguity as to who can patent the technology, use it in other applications or offer it to competing customers. The agreements should also regulate ownership of improvements that occur during testing and scale-up.

Can the product be launched without infringing on the rights of others?

Packaging and industrial fibre products can consist of many technical elements, including material layers, coatings, closing and opening mechanisms, joints, valves, moulds and production processes. A new product combination may therefore affect several patent areas.

Freedom to Operate analyses can reveal risks before the company invests in production lines, tools, certification or international launch. The analysis can also provide a basis for changing the design, entering into licensing agreements or limiting the product to markets with acceptable risk.

How to protect the shape and commercial expression of packaging?

Distinctive packaging can be an important part of the customer's buying experience and the brand's position in the market. At the same time, the shape can be influenced by technical requirements, material properties and production processes.

It should be considered whether the packaging can be protected through design registration, trademark, copyright or a combination of these. Protection should be established before the product is published, especially when the packaging is to be launched in several countries.

How to handle documentation and claims about sustainability?

Choice of materials, renewable content, recyclability, reduced use of plastic and lower emissions has become of great commercial importance. At the same time, the claims must be precise, documentable and adapted to the specific product composition and infrastructure for collection and recycling.

The IP strategy should therefore be seen in the context of documentation, marketing and product development. New technical solutions should be protected before they are presented publicly, while trademarks and product names should be considered before they are used to communicate the solution's environmental properties.

How we help businesses in the industry

Acapo Onsagers combines legal, technical and commercial IP expertise. We assist businesses throughout the value chain with, among other things:

• Mapping of technology and intellectual assets, from raw materials and materials technology to processes, machines and finished products
• Development of IP strategies adapted to the company's markets, investments and collaboration in the value chain
• Patent protection for materials, chemical compositions, manufacturing processes, constructions and mechanical engineering
• Design and trademark protection for packaging forms, product expressions, names and commercial concepts
• Freedom to Operate analysis and patent landscape, especially before scaling up, investing or launching in new markets
• Development, confidentiality, licensing, testing, and technology transfer agreements
• Protection and enforcement of rights, including the handling of copying, infringement and other conflicts

We can also assist with investments, acquisitions and licensing where the technology's ownership, scope of protection and commercial potential must be documented.

Why industry knowledge is important

IP consulting in the paper, forestry and packaging industries requires an understanding of the entire value chain. A technical solution cannot be considered in isolation from the raw material, the production process, the filling system, the logistics requirements, the end use and the possibilities for recycling.

Material innovation is often about balancing several requirements at the same time. The packaging may need to be lighter and use less material, but still be able to withstand transport, pressure, temperature variations and contact with moisture, grease or gas. At the same time, it must be able to be produced on an industrial scale and function in existing value chains.

Our advisors combine technical insight with legal and commercial understanding. This enables us to identify where the most important values lie, choose the right form of protection and develop an IP strategy that supports the company's innovation, collaboration and international growth.