International: Off the Shelf Video Podcast - Sustainability and Green Innovation (Podcast)

In brief

Consumers are demanding more from their brands and increasingly basing their purchasing decisions on the sustainability of products and companies. In response to this, the Baker McKenzie Consumer Goods & Retail industry group has produced the "CG&R and Sustainability Video Chat Series" in which experts provide short, practical insights into some of the legal considerations that companies need to keep in mind when undertaking green innovation.

In the first episode of the series, Eva-Maria Strobel, partner in Zurich, and Renata Amaral, partner at Trench Rossi Watanabe in Sao Paulo, discuss the role intellectual property can play in helping brands on their sustainability journey.


More and more, consumers are basing their purchasing decisions and brand loyalty on the sustainability of products and companies, compelling consumer facing companies to incorporate environmental, social and governance (ESG) practices into their operations and strategies and to increase transparency around these practices. 

For a company to meet its sustainability goals, a multitude of factors need to come into play, including behavioral change, challenging or even disrupting existing practices and supply chains, and technological innovation. 

Intellectual property (IP) rights can support green innovation by providing a competitive advantage. Any patented inventions or innovations protected by trade secrets are assets, which can be commercialized to generate income and at the same time contribute to global sustainability goals by allowing others to benefit from the innovation. 

Green innovation gives rise to a number of IP challenges, such as:

  • Finding a trademark that is both distinctive and relays the green message in a manner that cannot be considered greenwashing.
  • Ensuring that any advertising and marketing communication is in compliance with consumer protection legislation and does not mislead the public.
  • Carefully negotiating contracts with third party data and analytics software providers to make sure that the data, which is used to substantiate the company’s green claims, is reliable or guaranteed by the third party provider.
  • Carefully considering all IP rights arising from multiple parties collaborating on green innovation, such as the licensing of existing IP rights, ownership of new IP developed during the collaboration, and the parties’ rights to use the results of the collaboration.
  • Understanding the IP rights that protect the various components of artificial intelligence (AI) tools, which are used to increase the speed and accuracy of data analytics and implement new connected technologies, so as to encourage the development and use of AI and machine learning.

For more practical legal insights on key issues affecting consumer goods and retail businesses in incorporating ESG practices into their operations and strategies, tune into the Baker McKenzie Off the Shelf video chat series.

Related podcasts

International: Off the Shelf Video Podcast - Sustainability and Green Innovation (Podcast)

International: Off the Shelf Video Podcast - Advertising around green and sustainability claims (Podcast)

International: Off the Shelf Video Podcast - The role of patents, plant variety rights and trade secrets in green innovation (Podcast)

International: Off the Shelf Video Podcast - The role of collaboration in green innovation (Podcast)

International: Off the Shelf Video Podcast – How trademarks can promote green innovation (Podcast)

International: Off the Shelf Video Podcast – Artificial Intelligence as an enabler of green innovation (Podcast)

Contact Information
Zahra Omar
Lead Knowledge Lawyer
Karen Roberts
Lead Knowledge Lawyer
Julio Perez
BD Manager IPTech and Real Estate

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.