nestle company
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Paula Nelson General Counsel - Intellectual Property
IP Management @ Nestlé
2nd March 2007
IP Management @ Nestlé - 2nd March 2007
2 Finance & Control
• Nestlé Sales (2006)CHF 98.5 billionUSD 80 billion
Nestlé in the Global Food Market
98.5%1.5%
Nestlé
Others
IP Management @ Nestlé - 2nd March 2007
3 Finance & Control
Facts and figures
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The World's largest Food and Beverage Company in 2005
IP Management @ Nestlé - 2nd March 2007
4 Finance & Control
Nestlé in Figures 2006• Worldwide Sales: CHF 98,458 mio
• EBIT: CHF 13,302 mio
• Net Profit: CHF 9,197 mio
• Factories: 487
• Employees: Around 265,000
• Organic Growth: 6.2 %
• R&D Expenditures (F&B): CHF 1.7 billion
IP Management @ Nestlé - 2nd March 2007
5 Finance & Control
Our Line of Products• Soluble Coffee
• Infant Nutrition
• Confectionery
• Dairy
• Chocolate Milk Beverages
• Bottled Water
• PetCare
• Ice Cream (co-leader with Unilever)
IP Management @ Nestlé - 2nd March 2007
6 Finance & Control
6 worldwide strategiccorporate brands
IP Management @ Nestlé - 2nd March 2007
7 Finance & Control
Europe38.3%
AOA19.3%
Americas42.4%
Sales by regionPercentage of total F&B sales in 2006
IP Management @ Nestlé - 2nd March 2007
8 Finance & Control
Nestlé R&DAn interactive Network covering four Continents
8 Research and DevelopmentCenters: Amiens (FR), Marysville,Solon (US), Shanghai (CN), Singapore(SG), Sderot (IL), Casa Buitoni (I), FS Bev. Centre Orbe
8 Product Technology Centers(PTCs): Konolfingen, Orbe (CH), Beauvais, Lisieux, Nestlé Waters (FR),St Louis (US), York (GB), Singen (D)
Nestlé Research Center (NRC)Lausanne (CH),Tours (FR),
Finance & Control
IP Management @ Nestlé - 2nd March 2007
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The Group Intellectual Property Department Manages IP Rights
Worldwide
IP Management @ Nestlé - 2nd March 2007
10 Finance & Control
Organisational Intellectual Property Department
IP Management @ Nestlé - 2nd March 2007
11 Finance & Control
Strategic and local brands are protected & managed by IPD
365Strategic
Local
Brands
6'000
27'000
Protections
82'000
Managed by 17 Regional IP Advisers (RIPA's) for local Nestlé Operating Companies
Managed by Center IP Department in co-operation with the Strategic Business Units ('SBU's) and the RIPA's
IP Management @ Nestlé - 2nd March 2007
12 Finance & Control
Nestlé has a substantial patent portfolio
The Nestlé patent portfolio contains as at 26.02.2007:
• 9'516 granted patents• 6'826 pending cases which may result in the
grant of a patent
The top 5 patenting territories forNestlé are: USA, Europe, Australia, Canada, and Japan
IP Management @ Nestlé - 2nd March 2007
13 Finance & Control
Nestlé's IPRs are centrally owned & licensed to local Nestlé Companies...
Société des Produits Nestlé S.A. is the registered trademark and design owner and Nestec SA is the registered patent owner, in both cases acting as nominee for Nestlé S.A., who is the beneficial owner- Central ownership applies to trademarks linked to
strategic as well as to local brands
These rights are licensed, together with know-how, to the Nestlé Operating Companies who pay royalties for their use
IP Management @ Nestlé - 2nd March 2007
14 Finance & Control
What is Intellectual Property ?OUTPUT OF SYNERGISTIC INTERACTION
Must be integrated to generate strategic valueA long term strategic investment
LAW
BUSINESS TECHNOLOGY
IntellectualProperty
IP Management @ Nestlé - 2nd March 2007
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Sources of Technology
Internally generated
Externally sourced
Licensing-in complements internal R&D
IP Management @ Nestlé - 2nd March 2007
16 Finance & Control
Proper Defence is fundamental
We defend our rights against any infringements, e.g.
Imitations including counterfeits Unauthorised use of patented processes Internet & domain name misuse
CybersquattingExamples: maggi.com, rowntrees.com
Derogatory use of our trademarksFor instance use of our brands in pornographic sites
IP Management @ Nestlé - 2nd March 2007
17 Finance & Control
... Infringements are frequent ...
Trademark infringement
+ Unfair competition
Example:
IP Management @ Nestlé - 2nd March 2007
18 Finance & Control
... in various parts of the world ...
Example NESTLE PURE LIFE Pakistan/Afghanistan
IP Management @ Nestlé - 2nd March 2007
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Russia
IP Management @ Nestlé - 2nd March 2007
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Russia
IP Management @ Nestlé - 2nd March 2007
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Counterfeiting is a multi-faceted issue ...
• customer safety
• brand protection
• corporate reputation
• profits (loss of revenue & government taxes)
IP Management @ Nestlé - 2nd March 2007
22 Finance & Control
What Nestlé is Doing• Protect our intellectual property
• Work with government organisations
• Enforce our rights
AND SO
• Keep our promise to our consumers
IP Management @ Nestlé - 2nd March 2007
23 Finance & Control
Recorded balance sheet values
31.8%
Non-recorded values
68.2%
Illustrative split of Nestlé Value (as a % of market capitalisation)
IP Management @ Nestlé - 2nd March 2007
24 Finance & ControlFinance & Control
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