Retail, innovation and sustainability – the strive to survive

In the run-up to pro-manchester’s Retail Lunch next month, I began thinking about how intellectual  property (IP ) ties in to all of the trials and tribulations that retailers have gone through in the past two years.

Brexit created disruption at the borders and stock shortages, but it also meant businesses needed to ensure that their brands, designs and innovations remained sufficiently well protected in the two now distinct territories.

COVID-19 meant store closures and staff shortages, but it also pushed companies to innovate at speed in order to survive. Typical bricks and mortar businesses moved online, delivery and returns processes were streamlined and AI became the new personal shopper.

The recent squeeze on consumer spending means less cash in the pockets of many. How brands continue to pull in customers and convert social media engagement in to sales in part will depend on considered marketing campaigns, as well as keen pricing.

All of this has taken place against a backdrop of more conscious consumers who increasingly lean towards brands and businesses that have a good reputation for sustainability, integrity and authenticity. So, at first glance IP may not seem key to all of these issues, but it is nestled firmly in each.

Brands such as SUPERDRY, VEJA and PATAGONIA have increased following based on their sustainable credentials. As new sustainable beauty, fashion and homeware brands continue to emerge, having trade mark protection for their name is key to ensure that the name remains a valuable asset to the business, and also to ward of imitators.

Products such as eco-friendly packaging, re-usable bags, cups and bottles would all merit registered design protection if they are new to the market and look different to their predecessors. As well as ensuring others can’t replicate the look of your product, design protection increases the potential for licence deals and alternative sources of revenue, beyond obvious consumer sales.

The same applies for any in-store or back of house innovations that are created. AI technology within a new customer portal or warehouse sorting machine, or green energy solutions for example may be eligible for patent protection. This allows the inventing business to carve out its creation and potentially capitalise on its investment in new and sustainable technologies, whilst also helping improve customer experience, operating efficiency or even clean up the sector if the technology is widely adopted.

With major retailers such as AMAZON, IKEA and OCADO all making pledges to become more sustainable within the next 10-20 years, plus any other challenges the sector has to face, the drive for change seems set to stick around – and change requires innovation. British business is beaming with great ideas and hopefully some of these sparks will be able to solve the problems being faced by retailers in this post-Brexit and (let’s hope!) post-COVID phase.

Of course, how retailers choose to protect their creative efforts can depend on budget and an awareness of IP – not all will have big budgets or IP-savvy individuals within the business. In that case, knowing who to speak to just after that light bulb moment is crucial. As a Trade Mark Attorney it’s my job to help guide businesses at this critical moment, advising on what’s protectable and where to start. A cost effective IP strategy can help create and maintain a good brand name, boost revenue and enable more sustainable supply chains. It can help give retailers the innovative edge that’s needed in order to weather the next storm.

 HGF is one of Europe’s largest firms of intellectual property specialists with 22 offices throughout Austria, France, Germany, Ireland, The Netherlands, Switzerland and the United Kingdom. The firm’s patent attorneys, trade mark attorneys, design attorneys, IP solicitors and attorneys-at-law provide an integrated IP solution for clients.

Lauren Somers, Chartered UK Trade Mark And Designs Attorney at HGF Limited will be speaking at our Retail Lunch on Tuesday 26^th April.  Please click here for more information about this event.”