Challenges faced by the

Indian Beverage

Industries – Protecting

Trademarks & Package

Design Copyrights

108-Feb-2017

Sundar Moorthi Muthu

Sr. Manager - Packaging

Leadership Summit for Anti-Counterfeiting &

Brand Protection

8 – 9 February 2017,

Taj Mahal Hotel, New Delhi, India

08-Feb-2017 2

Members

Indian Beverage Association is an industry association which has been formed by various business stakeholders who have interest in the Non-Alcoholic Ready-To-Drink (NARTD) packaged product value chain.

18,000+ National, Regional & Local companies

₹ 56,000 Crores Market Value in 2016

14+% CAGR in last 5 yr

Who is IBA?

308-Feb-2017

₹ 60,000+Crs. Investment in next 5 years

₹ 2,200 Cror ~4%

Revenue loss annually due to Counterfeits by

The Indian NARTD industry

36 Lacs outlets in

India

Non-Alcoholic Ready To Drink category (NARTD) includes a wide range of HYDRATION products

Aerated Drinks Juice Drinks

RTD Tea & CoffeePackaged WaterEnergy DrinksSports Drinks

Juice & Nectars Value Added Dairy

408-Feb-2017

Which products are part of NARTD category?

B C

508-Feb-2017

Major Challenges facing NARTD

608-Feb-2017

Types of Imitation / Replicas

708-Feb-2017

Examples of Imitation / Replicas

808-Feb-2017

Protection for Imitations

Detection• Market Place

Monitoring

Prevention• Packaging Design

• Trademark registration

• Controlled Supplier Selection

• Controlled disposition of overstock, seasonal and unsaleable products

• Legal actions (criminal and civil) against counterfeiters

• Prosecute offenders or seek civil damages

Deterrence

908-Feb-2017

Solution for Brand Imitations

Copyright & Registered Trademark Protection

By registering a

trademark, Company

gets advantages

1. Able to publicly

show claim of

ownership.

2. Able to take

someone to court if

they are violating

the trademark

registration rights.

Copyright

protection

begins as soon

as work is

created and put

into a tangible

format, such as

writing it down,

typing it up,

recording it, or

painting it.

10

08-Feb-2017

Solution for Brand Imitations

1108-Feb-2017

1899 1900 1916 1977 1986 1993 2007 201619571915

Plain Designs are

easy to Copy and

Cheap to Replicate

15 Years of Generic Bottles

Customized

packaging

hard to copy

Contour

Born

Printed

Bottle

Red Color

Printing

PET

Bottle

Alu

Bottle

100 Years of

Contour

100Yr

Contour Bottle was

granted a trademark for

the contour shape itself,

with no words written on it

1886

Kinley Bottle Evolution

1208-Feb-2017

201420082000

Generic Bottles, difficult to associate with

respective Brands without Label

KINLEY – Most loved by Infringers

1308-Feb-2017

KINLEY

New VIS –

They love

that too!

KINLEY New VIS – We are prepared

Filed in April 2012 and Registered in December 2013

Also filed for these in 2013

1408-Feb-2017

1508-Feb-2017

Counterfeit – Refilling

1608-Feb-2017

Damage not only industry, but also government

revenues.

Main category of beverages

are Water & Glass Bottle

Refilled drinks pose

a serious health threat by providing consumers with inferior products

Solution for Counterfeit – Refilling

16 g for 1 L10 g for 500 ml

1708-Feb-2017

Shift from RGB to PET / Can Packaging Minimize the Refilling of

Glass Bottles

Light Weight and Nitrogen filled PET Water bottles, will not retain

the original shapes once opened & difficult to Refill

1808-Feb-2017

Examples of Tampering - 1

Tampering with Closure

Product Safety Concern

Loss of Consumer Trust

Withdrawal from Shelf

Loss of Sales

Consumer Claims & LitigationAdverse Publicity

Tampering, by

definition, is

when a product

is altered

without the

manufacturer’s

knowledge

1908-Feb-2017

Solution of Closure Tampering

2008-Feb-2017

Solution of Closure Tampering – 1

Tamper Evident

Closures –

Drop Band

Tamper Evident

Closures –

Tear away Band

Tamper Evident

Closures –

Ring Crown

2108-Feb-2017

Solution of Closure Tampering - External

Tamper Evident

Shrink Sleeve Band

Hologram labels, more

difficult to copy

2208-Feb-2017

Solution of Closure Tampering - Internal

Internal Moulded Tear Off

Ring

Wad Insert to

Caps and Induction

Heat Sealed to

Neck Finish

2308-Feb-2017

Examples of Tampering 2

Pass off as fresh, by

Removing the Expiry

Product Date Code

Solution – Change to

Laser coding to make

date code indelible

2408-Feb-2017

On the strength of the ₹ 60,000 Cr. investment plan for the

period 2015 to 2020, NARTD industry is poised to become

by end of 2020

₹ 1 Lac Cr./Yr. industry

2508-Feb-2017

… we are also aiming to reduce the impact of counterfeits to by 2020< 1 %

08-Feb-2017 26