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Wednesday, March 19, 2014Jurisprudence

What legal protection for cosmetic packaging?

© L'Observatoire des Cosmétiques

Primary or secondary, with technical, seductive and commercial functions… cosmetic packaging involves several professions and represents significant investments for cosmetic companies. And to each corresponds an adapted legal protection. File prepared by Cyril Chauvin, Counsel to the Court.

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Packaging production is a major economic activity. In France, packaging is the 8th largest industrial sector (SESSI 2004) and generates a turnover of around 19 billion euros. The main outlets for packaging machines are food products (40%), beverages (20%), pharmaceuticals and cosmetics (20%). In the cosmetics sector, packaging production mainly consumes plastic, cardboard, their derivatives and glass. New materials also appeared: metal, porcelain and leather.

The 2008 Packaging Observatory placed the"health-pharmaceuticals-cosmetics" sector at the top of the medium-term (2009-2013) growth prospects for packaging and equipment production, followed by food. This growth can be explained in particular by changes in manufacturing techniques and by investments made by manufacturers in these sectors of activity in research & development and marketing research. Such an investment must be secured by an appropriate method of legal protection.

The definition

A package is an object intended to contain and protect goods, to enable their handling and transport from the producer to the consumer or user, and to ensure their presentation.

In the cosmetics sector, a distinction should be made between primary and secondary packaging: • Primary packaging (or sales packaging) is designed to be an end-user or consumer item at the point of sale. It is …

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