The legal angle

Be it any packaging, the laws relating to consumer goods and the trademarks have a huge role to play, infact a role of a very high significance. What a packaging designer may design may have a conflicting design registration , the font or the colours may lack in uniqueness and the Design may be infringing upon another Brand's trademark.

A whole lot of projects often end up with serious problems if some of these issues are not given due importance while development. To avoid rework, it is best if some of these issues are highlighted in the beginning of the development cycle itself.
A lot depends upon how the laws are interpreted , a risk averse organisation may go too much by the book, consequently throttling Packaging creativity. On the other hand many Marketers are willing to take risks and thus many more options are possible.
It is definitely understandable that one should not have any packaging at the cost of another trademark, however being over conservative and building in too many do - nots are also not conducive for a Creative environment.
The Consumers in an ever changing environment are forever looking for a new offers and solutions for their changing needs. Packaging is one tool and infact one key element in the marketing mix which could go a long way in making this possible, would we want the Legal angle to entangle Packaging from performing this role.