The Ecodesign For Sustainable Products Regulation And Potential Impacts On IPRs

The Ecodesign for Sustainable Products Regulation (ESPR) took effect on July 18, 2024, replacing the Ecodesign Directive (2009/125/EC). It introduces additional ecological criteria and obligations for a wider range of products, aiming to establish sustainable products as the standard in the EU market and address greenwashing.

Key changes will impact product design, materials, labeling, disclosure of sustainability credentials, manufacturing processes and destruction of goods. These changes will affect not only the industrial and commercial aspects of production and distribution of goods in and outside Europe but also intellectual property strategies. It is increasingly evident that holding Intellectual Property Rights (IPRs) in Europe no longer ensures that a product can be manufactured, imported, or sold there; compliance with sustainability requirements under the ESPR is a prerequisite. In this regard, the ESPR serves as a strong reminder of the need to realign IP