World Gin Day 2022
Cheers to 11 June, aka World Gin Day! We're getting into the spirit this year with some guidance on launching new brands and/or product lines in the ever-popular gin market. Below are some top tips for businesses on how to protect intellectual property rights, along with guidance on packaging and marketing products without falling foul of applicable rules and regulations.
IP rights - Do's and Don'ts
Whether you're just starting out or launching a new product, there are a wealth of IP issues to consider when it comes to producing and selling gin in an already busy market. When designing products, think about what IP rights you might be creating (for example, brand names, logos and bottle designs) - these may all benefit from protection. Some key do's and don'ts are set out below:
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DO's |
DON'Ts |
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Do ensure you have proper agreements in place with contractors, which assign any IP that they create on your behalf, to you. |
Don't delay in putting relevant contracts in place to protect your IP rights – documented ownership is often a must have for prospective investors. |
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Do check that any words or imagery that you use in product packaging, branding and marketing materials don't infringe someone else's IPR. |
Don’t assume that, because materials are available online, they are free to use or copy! |
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When deciding on the all-important product name, do ensure that it isn't identical with, or similar to, anything that's already on the market. |
Don't share information about your brand with third parties, unless it's already in the public domain or appropriate non-disclosure agreements are in place. |
Beware greenwashing!
With consumers increasingly demanding greener and more sustainable products, brands are busy innovating in an effort to reduce the environmental impact of their products. However, care should also be taken when making ‘green’ claims about products in branding, ads or marketing materials. The ASA has released useful guidance on this, which highlights the importance of being able to properly substantiate sustainability claims.
Greenwashing is also a current focus of the CMA, which last year published the Green Claims Code. This includes key principles that reflect legal obligations under UK consumer law. A key principle is that any claims made about a product's environmental credentials must be truthful, clear, and substantiated.
Packaging guidelines for new gin products
When launching a new product into the booming gin market (or indeed, any alcohol product), there are also various labelling guidelines and regulations that must be adhered to. This includes:
- Displaying the following information on the face of the product:
- Name of drink (e.g. gin/cider/beer – does not mean brand name)
- Quantity (net weight or volume)
- ABV (i.e. alcohol strength)
- Displaying the following information on the face of the packaging, where possible:
- Best before date (or a reference to where it can be found)
- Allergens
- Origin information, if required
- Information about how to contact the manufacturer, packer and/or seller
Furthermore:
- the word "new" can be used on packaging for 12 months after its launch
- the name of a drink must be included on the "front panel" of all secondary packaging
- you should ensure your product complies with EU Spirit Drinks Regulations 110/2008 and 2019/787
A note on no to low alcohol products
For those launching low and/or no alcohol gin products, different labelling and advertising rules apply. There is a real need for caution in this relatively new space, particularly around asserting health benefits (when compared to traditional alcohol products), which practice is particularly heavily regulated and scrutinised.
If you have any questions, please feel free to reach out to Ciara Cullen at ciara.cullen@rpc.co.uk Tel: +44 7747 033165, Sarah Mountain at sarah.mountain@rpc.co.uk Tel: +44 7564 842816 or your usual RPC contact.