The rejection of this patent by the European Patent Office comes as a major milestone in the Intellectual Properties legal space. There are direct short term and long-term implications on the future of international patenting laws and the related stakeholders.
1.13 Impact on Colgate
For a start, Colgate-Palmolive are struck with quite a blow, losing their chance to patent the formula, which has a direct impact on their product and market strategy. The company’s plan had been to ride on the success of the mouthwash formula to gain a competitive advantage over other players, which has been foiled now. Colgate-Palmolive will now have to think of some alternative and innovative strategy to keep its hold over the mouthwash segment of the oral care market. This patent if granted would have allowed Colgate to introduce some new variety to its mouthwash product portfolio and cater to the increasingly health conscious consumers.
1.14 Impact on Other Companies
This judgment also serves as a deterrent for any third party to blindly copy the traditional Indian recipes, and make profits on an already used medicine. Not only India, but many civilizations had their own traditional healing methods and formulas, which are still being used in places around the world. Multinationals will always try to capitalize through such methods, and a case like this will
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With increasing globalization, patent laws also need to be globalized. Companies have always been trying to patent some inventions from other parts of the world. But in this information age, the old habits cannot be allowed. Although an Indian formula, Colgate-Palmolive filed the patent in the European Patent Office. There needs to be an international forum, where patents from all over the world are filed and scrutinized together, rather than some companies trying to patent knowledge in one part of the world, and making profits in another
Information and surveys showed that 75% of Canadian household use 1 or more mouthwash brands. The company’s market research revealed that users could be segmented to 'heavy' users that comprised 40 % of all users and to 'medium' users that comprised 45% of all users and to light users that comprise 15%.
Overall, Scope has a strong presence in the market for mouthwash. It has the leading market share in the Canadian market. Consumers that purchase Scope do so because it is better tasting than other mouthwashes that prevent bad breath. Scope excels in food stores, but has room to increase sales in drugstores because that is where most mouthwash purchases occur. With the introduction of Plax, Scope’s market share could potentially be threatened. The market is shifting towards health related benefits of mouthwash and not just fresh breath and good taste.
Economic: Globalization of the pharmaceutical industry is an exciting opportunity to have research and development done at cheaper prices in other countries. However, this could be a double edged sword for companies because it is easy for other countries, such as India, to produce generic versions of the drug in bulk.
Hearst and the business team have three options, on one hand a line extension or new product positioned against Plax could be introduced into the market and in the other hand doing nothing and just looking at claims other than “breath” instead of adding a new product. Launching a new product “new pre-brushing rinse,” for example would cannibalize a part of Scope sales, also the delivery, marketing and capital costs of P&G will increase if a new rinse was launched and the user of Scope would be confused since he/she saw in the old scope a breath refreshment, taking into consideration that the new rinse is not any better than Plax in reducing plaque, but at the same time it may increase the market share of P&G and increase its profit. Whereas adding a new claim for Scope would not increase the volume of sales, but it could prevent current users of Scope to switch and it would stabilize the
Johnson & Johnson, a 130 years old famous multinational healthcare company through its family of companies is involved in the research and development, manufacture and sale of a wide range of products in the healthcare. Product that related to human health and well-being has always been their main interest over the years and also presently. Johnson & Johnson was incorporated in the State of New Jersey in 1887 by three brothers; Robert Wood Johnson, James Wood Johnson and Edward Mead Johnson.
Cook and Colgate are the parties in the case. The case can be found in volume 992 of the Federal Reporter, Second Series beginning on page 17. The case was decided by the United States Supreme Court Second Circuit in 1993.
Proponents of patent reform largely focus on the cost of patent infringement litigation to the U.S. economy and companies. While some argue that the type of patents issued should be limited in order to uphold the intent of Article I, Section 8, others claim that standards for issuing patents should be strengthened in order to reduce the number of costly patent infringement lawsuits. The cost of litigation and standards for issuing a patent is the focus of the proceeding text and justification for patent reform in the United States.
Colgate-Palmolive Co (CP) was an international leader in household and personal care product, with the sales of $6.06 billion and profit of $2.76 billion in 1991. CP set up a five-year plan in 1991, pointing out that company needed to focus on new product launching and entry into new geographic markets by improving the manufacturing, distribution and the continuance of the core consumer products. Started from 1984, CP’s CEO awaked the company from “sleepy and inefficient” to profitable. Both gross margin and annual volume growth increased from 1985. Although everything seemed good, CP was facing the worldwide strong competitions from other companies. In order to have some protections, 170 CP’s
So her specific task was to prepare a marketing plan for P&G mouthwash business for the next 3 years. In preparing the 3 year plan for Scope, a team has been formed within P&G to examine various options, the team included individuals from product development, manufacturing, sales, finance, market research and advertising operations. The team was faced by two options that are: 1- Launching a new line extension positioned against Plax as a recent entry into the market. 2- Looking at claims other than “breath” that might be used by scope such as plaque reduction.
Proctor and Gamble-Scope is faced with a very important decision, they need to prepare a marketing plan for P&G’s mouthwash business for the next three years. They want to know how they are going to be able to
By increasing successful and ideal operations and strengthening relationships with their customers, companies existing in this market diminish the significance of threat over newly accepted competitors. Toothpaste companies are still growing strongly, therefore additional firms are trying to enter the market to benefit from the increasing profits. However, most toothpaste companies have already made their name and their customers stay loyal to their brand, therefore it is hard to get into this market. With toothpaste being such a popular item and an essential in households,
The United States, Mexican and Chinese markets all took very different approaches to the release of Colgate-Palmolive’s (CP) newest oral care product in 2004-2005. The new toothpaste is called Colgate Max Fresh (CMF). It is a cavity preventing gel with breath-freshening strips suspended in it that dissolve while consumers brush their teeth. The technology behind the breath strips is patented, and Colgate was hoping the product would be a big success by providing unique freshness.
Culture has progressed with many consumer merchandises that have become necessities and transformed into the day-to-day routines of society without having to think twice about it. CP or Colgate-Palmolive, is an icon for the personal hygiene industry throughout the United States, and as a worldwide company has positioned the brand as a most important home care in multiple foreign countries.The CMF line is CP’s most popular brand. The brand was a huge hit because of its individuality and the value that it crafted for consumers was astonishing. Colgate Max combined a new breath-strip and a mixture of therapeutics’, which added to more
A patent is an exclusive right granted for an invention, product or process that provides a new way of doing something, or that offers a new technical solution to a problem. An invention in general must fulfill certain criteria in order to be protected by a patent. For example, the Patents Act, 1970 in S. 2(1) (j) defines invention as a new product or process involving an inventive step and capable of industrial application. In other words, an invention in order to be patentable must show an element of novelty, must show “an inventive step”, and must be of practical use. Particularly, the Patents Act, 1970 defines “inventive step” as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. In other words, patent rights are not available for new advances that are merely obvious extensions or modifications of prior designs. Besides, the requirement of difference over prior art, there is a requirement to establish the extent of common general knowledge that exists while
Therefore, protection of patents is one of the key conditions necessary for further development of the pharmaceutical industry. At the same time, non-efficient legislation that does not provide the necessary level of patent protection is one of the factors that hamper expansion of “Big Pharmaceutical” companies to the developing countries8.