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Aftermarkets:  IP rights vs market protection Aftermarkets:  IP rights vs market protection

Aftermarkets: IP rights vs market protection - PowerPoint Presentation

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Aftermarkets: IP rights vs market protection - PPT Presentation

The enforcement of Lavazzas IP rights in the espresso systems market LIDC Congress Turin 19 September 2014 2 Lavazza group 1340 million turnover in ID: 811059

capsules lavazza system espresso lavazza capsules espresso system patent compatible market modo mio blue decided point launched rights offices

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Slide1

Aftermarkets: IP rights vs market protection?The enforcement of Lavazza’s IP rights in the espresso systems marketLIDC Congress - Turin, 19 September 2014

Slide2

2

Lavazza group

1,340

million

turnover in

2013

BUSINESS AREAS

HOME

AWAY

FROM

HOME

COFFEE

SHOP

FOODSERVICE

VENDING

Slide3

3

THE LAVAZZA

ESPRESSO SYSTEMS

1989

LAVAZZA ESPRESSO

POINT

®

The first LAVAZZA espresso system for offices

2003

2007

2012

LAVAZZA

BLUE

®

LAVAZZA

A MODO

MIO

®

KEURIG

®

RIVO

®

A system designed for all spaces, public and private

For home consumers. Machines and capsules sold at supermarkets

For US home consumers. Brewing

espresso and frothing

fresh

milk at the touch of a

button

Slide4

4LAVAZZA ESPRESSO POINT

1989

T

he first espresso system

for offices

and small communities

is created

Slide5

5LAVAZZA BLUE Best Lavazza Ultimate Espresso

2003

A multi-channel system created for:

families

offices

Public places

families

offices

Ho.re.ca.

Slide6

6LAVAZZA A MODO MIO2007

With this new espresso system for home use Lavazza enters large-scale and specialized retail chains

Slide7

7Keurig rivo

2012

Lavazza launches the new system

KEURIG® RIVO®

on the U.S. market

Slide8

8The most growing segment of coffee marketHigh profitability, but huge investments to develop machines and capsules

Competition leading to continuous innovation and cost reduction

IP rights crucial to gain a competitive advantage

Enforcement of IP rights is often required

The MARKET OF espresso systems

Slide9

9The first Lavazza espresso system, Espresso Point, was developed in 1989. For its convenience, quality and innovation it was a great successThe patent protection was weak. Around the end of the Nineties an increasing number of compatible capsules appeared on the market

Since the compatible capsules did not infringe the EP patent, Lavazza did not bring legal action against the producers

Today EP is considered the standard system for offices in Italy. Almost all Italian roasters have EP compatible capsules in their range of products

In 2000 Lavazza decided to develop a new generation of sealed capsules (no secondary packaging is needed) based on a patented technology which was exclusively licensed to Lavazza

The first Lavazza BLUE compatible capsules were launched in 2010. This time, Lavazza decided to sue the manufacturer of these capsules

FROM ESPRESSO POINT TO BLUE

Slide10

10Three Italian courts and several companies were involved in this legal battle. The results were completely different in each caseCourt of Turin

In September 2010 the single judge, on the basis of the opinion of the court’s expert, decided that the

Monodor patent was infringed and granted the requested interim measures against the manufacturer and the distributors

The board of three judges in the second instance confirmed the first

decision, excluding only the unfair competition

Court of Milan

In June 2011 the single judge refused the injunction for patent infringement because, since the patent would have expired in September 2011, there was no

periculum

in

mora

The

board of

second instance confirmed the first decision for a different reason: (the Torino’s court report was disregarded because according to them it did not consider a patent which could invalidate

Monodor’s patent)The judges rejected also the injunction to use the mark AGOSTANI IN BLU to identify the LAVAZZA BLUE compatible

capsules (in this case the judges were satisfied with the defendant’s claim that the use was ceased…)

Court of Bologna (action brought by

Monodor

against

Caffita

System in 2005)

In August 2011 the Tribunal, on the basis of the opinion of another expert, decided that the claim 1, 2, 3 and 17 of the

Monodor

patent were null for lack of novelty

THE ENFORCEMENT OF MONODOR PATENT

Slide11

11A Modo Mio was developed in 2006 and launched in 2007

The capsules were entirely conceived by Lavazza. Machines’ core components are designed and engineered by Lavazza and licensed to authorized manufacturers

Lavazza entered the competition in the home use market at the time dominated by players such as Nestlé (

Nespresso), Philips-Douwe

Egberts

(

Senseo

) and Kraft (

Tassimo

) with its own espresso system

The Lavazza A

Modo Mio compatible capsules were launched at the end of 2011, soon after the expiry of the Monodor patent

Such capsules do not employ the patented technology which covers the A Modo Mio system. Lavazza therefore decided not to sue the manufacturer of these capsules

An enhanced version of this technology was launched in 2012 in US in partnership with Keurig-Green Mountain, US leader in this market

FROM BLUE TO A MODO MIO and RIVO

Slide12

12 Lavazza Espresso Point – A Look-alike case

Slide13

13A MODO MIO COMPATIBLE. LAVAZZA vs. GIMOKA Look-alike

Trademark’s

use

Slide14

14A MODO MIO COMPATIBLE CAPSULESPassing off at Venditalia fair in 2014

Slide15

15Enforcement of patent rights is not always effective due to the considerable uncertainty of courts’ interpretationsThe attitude of the courts is generally in favor of the compatible products

The

Nespresso vs.

Vergnano case set important rules concerning the use of another party’s trademarks

The ‘

Nespresso

case’: innovation for consumers’ benefit or abuse?

In

the

meantime in

the US market …

Keurig announced its “2.0 technology” whereby the machines will have a “reader” to recognize and brew only original or licensed capsules

Nespresso launched the Vertuoline system, based on a barcode scanning technology to recognize the single capsules

What about market protection?CONCLUSION AND SOME QUESTIONS

Slide16

16Thank You!

Marco BraidaSenior Counsel

– IP and TechnologyLuigi Lavazza S.p.A.C.so Novara 59 - 10154 Turin, Italy

E-mail  m.braida@lavazza.it