The conference addressed the role that brands play for young people, and in particular what place restrictions should be placed on advertising and marketing available to young people.
Mark Hodgin of Cadbury Schweppes explained how confectionery companies have responded to concerns about obesity and healthy living with new products, new sizes, educational information on packaging and campaigns for responsible consumption.
Hodgin pointed to the cross-industry Be Treatwise campaign in the UK, which he described as “a joined-up approach to responsible messaging” and illustrated how the advertising of chocolate has changed over the past 20 years: for example, it is now promoted as a treat, and much of the advertising is aimed at adults.
Tobias Cohen Jehoram, of De Brauw Blackstone Westbroek, illustrated a number of advertisements that had been banned – generally because they featured sexual or dangerous themes – in at least some European countries. But, he stressed, views about what is allowed diverge widely in the EU.
Cohen Jehoram emphasized the importance of self-regulation, pointing to companies such as Unilever, Burger King and KFC that have developed ethical advertising codes. “The next step should be harmonization of norms at an industry level,” he added.
Cidália Almedia of Portuguese fruit drinks company Compal, which owns brands including Um Bongo in Portugal, also discussed the importance of self-regulation and education: “Prohibitive legislation is definitely not the solution.”
Concerns about promoting products to children extend beyond the products and their packaging to brand extensions and the use of licensed characters, explained Hodgin. For example, this has led to Cadbury reducing the prominence of its fun character Bertie Bassett on its Liquorice Allsorts product.
Anouk von Meyenfeldt of Tommy Hilfiger Europe added that clothing companies emphasize being cool but have to be aware of young people’s concerns about beauty, obesity and sexuality. Hilfiger brochures, for example, are aimed at adults and typically show children outside, enjoying an active lifestyle.
She added that, thanks to the internet, brand owners have to be aware of laws regulating advertising, privacy and competitions in many different countries.
Manuela Botelho, of the Portuguese Association of Advertisers, said that self-regulation has to evolve with the times. She stressed that advertisers do not need to be defensive – “We have a good story to tell” – and said that they can respond to critics.
For example, she pointed out that Portugal is going to adopt the Media Smart campaign next month. This initiative aims to help young people to be aware of media and advertising, and to be “media literate”, and has already been effective in a number of European countries.
Hodgin agreed that there is still a place for careful advertising and sensitive marketing: “What we don’t want is to end up selling sweets in brown paper bags.”
In other presentations, panellists addressed how young people are aware of brands in their daily lives and also their attitudes to infringement of IP rights, particularly in Aisa.
Other speakers at the conference included Rick McMurtrey of Turner Broadcasting System and Erin Hennessey of Time Warner, who discussed some of the challenges of developing a brand protection programme for a new cartoon series.
There was also an update on developments at WIPO and OHIM, and a presentation from Irish judge Fidelma Macken, formerly of the European Court of Justice.
About 600 people attended the 21st annual MARQUES conference, which was held in Porto from September 18 to 21.
