Home' Inky Fingers Magazine : August 2014 Contents 16 August 2014 – Inky Fingers
Cover: Magno Plus Gloss 200gsm Text: Magno Plus Gloss 115gsm
HAT you write in a
marketing brief just
may be the deciding
factor in a judge’s
copyright ruling, says
Gwen Blake, managing director of
Australian packaging design agency
Boxer & Co – and there are other
potential pitfalls at every stage of the
packaging development process.
In her report, she says one
cigarette manufacturer was caught
out for plagiarism in court when it
was revealed their brief instructed
the packaging designer to replicate
the competitor’s package ‘as close as
Blake recently teamed up with
lawyer Sharon Givoni, principal
solicitor at Sharon Givoni Consulting,
for a presentation on packaging
legalities with the Australian Institute
of Packaging (AIP) in Melbourne.
As packaging recalls are time
consuming, expensive and can hurt
your brand, Blake walked participants
through the design process and the
legal considerations at each point.
She says a good designer will
present three or four concepts to their
client, and make sure they are aware
of all the potential legal traps.
Colour, for example, can be a
challenge if the brand owner wants to
use a shade that is already featured on
the shelf for similar products.
Givoni says most shoppers are
probably aware of Cadbury’s claim on
the colour purple. The confectioner
now has a monopoly on seven shades
for the boxed and block chocolate
She says protection can also be
afforded to colour, shapes, sounds and
scents, if they are distinctive markers
of a brand’s goods and services.
Werthers also has approval for
its specific confectionery wrapping,
even though other brands use gold for
Packaging mine field – Aussie report
Fonts are also potential lawsuits
Blake says it is worth creating and
registering your own.
However, products like home
brands can get away with some
forms of copycat packaging, if a
court decides that consumers will not
be tricked into mistaking it for the
Givoni says trademark
registrations last for 10 years and can
be renewed perpetually, as long as
you keep meeting criteria and are still
using the trademark.
She also says there is no such thing
as a global trademark; brand owners,
like McDonalds, must register in
Packaging inventions can be
protected by patents, which must
be applied for before the product’s
launch into the marketplace, and last
eight years for an innovation patent
and 20 years for a standard patent.
Brand owners also need to be
aware of the text on their package.
Claims, particularly for food
products, must be substantiated and
cannot be deceptive.
In pharmacy things get more
complex; the package must warn the
consumer of potential hazards and
how to administer the product. It also
has to specify the dangerous goods
classification and a detailed makeup
of the material.
Blake also advises designers to
look after their own interests – for
example, unless stipulated in a
contract, a designer owns the draft
work and the client has no right to use
it without permission or payment.
If the initial design becomes a
high volume product, this means the
brand owner cannot produce another
product using the same design
without negotiating this with the
commissioned remain the property
of the photographer and this, along
with the exact terms of trade and
codicils to future ownership, should
be detailed clearly on the accounts.
Risky business: copycat packaging
bonus for Pride in
Joining over 200 exhibitors at New
Zealand’s largest gathering of leading
food and packaging technology suppliers
and manufacturers, Pride In Print’s
display will feature prominent work in the
categories of packaging, labels, display,
promotional print and innovation.
Pride In Print Awards manager Sue
Archibald says the biennial event presents
an ideal opportunity for this award-
winning print work to be showcased in
front of industry shakers and movers.
“Foodtech Packtech will feature the
freshest ideas, latest technologies and
the newest developments entering the
food and packaging technology markets,”
says Ms Archibald.
“New Zealand printers are at the forefront
of that innovation as evidenced by the
ground-breaking work put before our
judges each and every year.
“Product saleability is being raised and
the experience of purchasers enhanced by
such developments as marrying printed
products with digital games, designing
bottles to be more readily gripped by
training athletes, enabling produce to be
displayed in a hanging position in chillers
and producing food wraps that better
protect both the contents and consumer.
“We are delighted to put the quality
of that work on display at Foodtech
Packtech and in return provide another
marketing reward for those printers that
succeed in the Pride In Print Awards.”
Furthermore, Ms Archibald -- who is
presenting a seminar at 2.25pm on the
Wednesday (24th) of the tradeshow -- is
strongly encouraging members of the
print industry to attend the event.
A selection of Gold Medal-winning work from this year’s
Pride In Print Awards is to be given further invaluable
exposure via the Foodtech Packtech trade event, being
held at the ASB Showgrounds in Greenlane (Auckland) on
PRIDE IN PRINT
Address Unit G, 47 Kenepuru Drive, Porirua 5022, New Zealand
Phone 04 237 0482 Fax 04 237 0489 Email firstname.lastname@example.org
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