Challenges faced by the Indian Beverage Industries – Protecting Trademarks & Package Design Copyrights Mr. Sundar Moorthi, Senior Manager – Packaging, Coca Cola India Pvt. Ltd. & Indian Beverage Association (IBA)

1. 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

2. 08-Feb-2017 2

3. 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 Cr
or ~4%
Revenue loss annually due to Counterfeits by
The Indian NARTD industry
36 Lacs
outlets in
India

4. 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?

5. B C
508-Feb-2017
Major Challenges facing NARTD

6. 608-Feb-2017

7. Types of Imitation / Replicas
708-Feb-2017

8. Examples of Imitation / Replicas
808-Feb-2017

9. 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

10. 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.
108-Feb-2017

11. 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

12. Kinley Bottle Evolution
1208-Feb-2017
201420082000
Generic Bottles, difficult to associate with
respective Brands without Label

13. KINLEY – Most loved by Infringers
1308-Feb-2017
KINLEY
New VIS –
They love
that too!

14. KINLEY New VIS – We are prepared
Filed in April 2012 and Registered in December 2013
Also filed for these in 2013
1408-Feb-2017

15. 1508-Feb-2017

16. 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

17. Solution for Counterfeit – Refilling
16 g for 1 L
10 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

18. 1808-Feb-2017

19. 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

20. Solution of Closure Tampering
2008-Feb-2017

21. Solution of Closure Tampering – 1
Tamper Evident
Closures –
Drop Band
Tamper Evident
Closures –
Tear away Band
Tamper Evident
Closures –
Ring Crown
2108-Feb-2017

22. Solution of Closure Tampering - External
Tamper Evident
Shrink Sleeve Band
Hologram labels, more
difficult to copy
2208-Feb-2017

23. Solution of Closure Tampering - Internal
Internal
Moulded
Tear Off
Ring
Wad
Insert to
Caps and
Induction
Heat
Sealed to
Neck
Finish
2308-Feb-2017

24. 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

25. 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 %

26. 08-Feb-2017 26