INTELLECTUAL PROPERTY RIGHTS

Submitted by-

Prateek kapoor

INTRODUCTION TO NESTLE Nestlé’s history begins back in 1866, when the

first European condensed milk factory was opened in Cham, Switzerland, by the Anglo-Swiss Condensed Milk Company.

The Nestlé company had acquired profound knowledge of markets all over the world over the previous 130 years.

Nestlé market their products under six strategicglobal brands: NESTLÉ, NESCAFÉ, NESTEA,MAGGI, PURINA and BUITONI.

75.7% Nestlé products meeting Nutritional Foundation criteria 11700 Equivalent tonnes of salt removed by Maggi from its

portfolio over the last eight years 44000 Farmers having access to financial assistance from Nestlé

worth up to USD 37.8 million 39 Factories generating zero waste for disposal 5.4 million Children reached by the Nestlé Healthy Kids Global

Programme, in 64 countries 100 billion Servings of iodine-enriched Maggi products sold

worldwide 489 Water-saving projects in our factories, saving 6.5 million m3 –24% Reduction in direct GHG (Greenhouse Gas) emissions

since 2002 6692 Renovated products for nutrition or health considerations 690054 Farmers working directly with Nestlé 217 Clean drinking water projects in the South Asia region,

helping to improve access and sanitation for more than 100000 school children

18103 Employees completing our online human rights training too

COMPANY’S LOGO Henri Nestlé endowed his company

with the symbol derived from his name. His family coat of arms, the nest with a

mother bird protecting her young, became the Company's logo and a symbol of the Company's care and attitude to life-long nutrition.

The Nestlé nest represents the nourishment, security and sense of family that are so essential to life.

The Nestlé trade mark was first registered in New Zealand in Wellington in 1885

NESTLE’S IP ASSETSCoyrights: 340 strategic brands protected by

75,000trademark registrations in different countries around the world in accordance with Nestlé’s business interests6,000 local brands protected by 28,000 trade mark registrations

Patents:  9,018 granted patents covering countries

on everycontinent6,127 pending patents

Nestle S.A(Holdings

co.)

Nestle S.A(Knowledge

co.)

Operating Company

funding

Royalties

Knowledge and

Licenses

TRADEMARKS.

BRANDS

CATEGORIES

BRANDS

Baby foods Cerelac, Gerber, Gerber Graduates , NaturNes, Nestum

Botteled water

Nestlé Pure Life, Perrier, Poland Spring, S.Pellegrino

Cereals  Cini Minis, Cookie Crisp, Estrelitas, Fitness, Nesquik cereal

Chocolate & confectionery

Aero, Butterfi, Orion, Smarties, Wonkanger, Cailler, Crunch, Kit kat

coffee Nescafé,  Nescafé 3 in 1,  Nescafé Cappuccino,  Nescafé Classic, Nescafé Decaff, Nescafé Dolce Gusto,  Nescafé Gold,  Nespresso

Culinary, chilled and frozen food

Buitoni, Buitoni, Herta, Hot Pockets, Lean Cuisine, Maggi, Stouffer's,Thomy

DAIRYCarnation, Coffee-Mate, La Laitière,  Nido

PATENTS

PATENTS. The World Intellectual Property Organisation(WIPO)

announced its list of top patent applicants in2009.Despite the difficult economic climate 0f 2008 year,Nestlé continued to invest in R&D and intellectual property and has increased its ranking in the WIPO list

Nestlé has now entered the top 100 and is the top patent applicant for the food and beverage industry.

Leading edge technologies and highly differentiated products, solutions and benefits are key to Nestlé'sfour growth drivers and its global brands such asNespresso, Nan, Nescafé, Nido and Purina

PATENTS CONTINUED.. Protecting these technologies, products

solutions and benefits significantly contributes to sustaining the competitive advantage coming from Nestlé's unmatched R&D capability and product and brand portfolio.

To do this, Nestlé files over 250 patent applications per year and manages a global patent portfolio of about 20,000 patents.

PATENT EXAMPLES… Capsule holder

US D666456 S1 Use of alpha-keto enamine derivatives as

ingredientsEP 1157617 A3

Preparation of an acidified milk product in powder form

Coffee machineUS D495188 S1

EXAMPLES CONTINUED… Preventing stickiness of hard-boiled

confectionsEP 1106074 A3

Nutritional CompositionEP 2204176 A3

Confectionery tabletUS D595477 S1

Chocolate tabletUS D637787 S1

IP AND DOMAIN NAME Domain names are used to identify one or more

IP addresses . For example, the domain name microsoft.com  represents about a dozen IP addresses. Domain names are used in URLs to identify particular Web pages.

The website of nestle is www.nestle.in and the domain name is nestle.in 

Global- www.nestle.com www.familynestle.com

 

TRADE SECRETS Nestle prefers trade secrets to protect

some of its products or component of products such as-

Nepresso capsules Maggi’s spice combination Cerelac production and packaging

procedures.

INFRINGEMENTCASES

NESTLE V/S KITKAT FOODS

On 22 April, the IPAB ruled on a trademark dispute between Swiss multinational Societe des Produits Nestle S.A (hereafter Nestle) and Kolkata based Kit Kat Food Products over the use of the trademark 'Kit Kat'. 

The IPAB noted that Societe des Produits Nestle S.A had been using the 'Kit Kat' trademark outside India since 1935. They had got the mark registered in 1942.

NESTLE V/S KITKAT FOODS

The IPAB noted that Nestle had provided evidence in the form of an export sales invoice that they were users since 01/11/1987. It had been conceded by Kit Kat Food Products that they had been using the trademark since 1991 only.

the IPAB ruled that Kit Kat Food Products' adoption of the trademark was not bona fide and that it was merely an attempt on their part to ride on the goodwill of Nestle. Thus, the IPAB held that Nestle's application be accepted as it was the rightful user of the trademark.

YUNNAN COFFEE PRODUCER FOUND IN VIOLATION OF NESTLÉ TRADEMARK Yunnan-based coffee producer Hogood Coffee is

playing the victim after government employees confiscated Hogood non-dairy creamer.

It was illegally using the "Coffee-Mate" name, which in China is a registered trademark of multinational food and beverage giant Nestlé.

On September 3, around 12,000 bags of Hogood-produced non-dairy creamer packaged under the name "Coffee-Mate" were seized by Industrial and Commercial Bureau employees in the Panlong district.

YUNNAN COFFEE PRODUCER FOUND IN VIOLATION OF NESTLÉ TRADEMARK

Panlong officials confirmed the next day that the confiscation was a response to a complaint filed by Nestlé

Hogood CEO Xiong Xiangru told reporters after the confiscation that the company had no idea that Coffee-Mate was a trademark despite it being clearly marked as such on all Nestlé Coffee-Mate products

CHOCOLATE WAR: KIT KAT SHAPE REFUSED TRADE MARK REGISTRATION German supermarket chain Aldi successfully

opposed Nestlé's application to register theKit Kat shape as a trade mark.

Nestle had sought to register as a trade Mark “Two Four [chocolate] bars attached to one another with a thin base".

The trade mark is TM No. 822780 for this A delegate of the Registrar of Trade Marks found

that the application related to the functional shape of the Kit Kat rather than its recognisable trade mark.

Nestle argued that the Kit Kat shape distinguished the product from other goods in the marketplace

Also provided evidence that 77 per cent of consumers associated the generic shape with the Kit Kat product

Cadbury, standing in opposition submitted details of fourteen two and four finger chocolate bars which, it claimed, were on the market prior to the application date of Nestlé's marks.

Cadbury also relied upon the original refusal of the marks during the prosecution stage

WIPO AND NESTLE The global food company expressed willingness to

support the advocacy programs of IP Philippines aimed at promoting awareness and respect for IPRs among the Filipino youth.

Both Nestle and IP Philippines believe that involving today's youth in the country's program of promoting creativity and innovations is highly instrumental in strengthening the IP regime and achieving national development.

The effective management of the Intellectual Property system is vital to the nation's advancement and international competitiveness

REFERENCES WWW.WIKIPEDIA.COM WWW.NESTLE.IN WWW.NESTLE.COM WWW.GOOGLEPATENTS.US WWW.IPINDIA.COM WWW.WIPO.ORG

THANK YOU