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Innovation in the cosmetics industry Elaine Eggington Principal Consultant, IP Pragmatics

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Presentation on theme: "Innovation in the cosmetics industry Elaine Eggington Principal Consultant, IP Pragmatics"— Presentation transcript:

1 Innovation in the cosmetics industry Elaine Eggington Principal Consultant, IP Pragmatics elaine.eggington@ip-pragmatics.com

2 IP Asset Management – Our Approach IP Value Creation Auditing Diligence Valuation Market Assessments Business Development Partner Identification Commercialisation and Deal Making Support Contract negotiation Business Plans Fund raising IP Cost Management Renewal Payments (IPRIS) Nationalisation European Validation IP Foundations Strategy Policy Training

3 Clients

4 Selected Projects Australian Bioactives – Tasmanian native plant extracts with anti-ageing properties University of Bangor – bluebell extracts Marinova – fucoidan extracts from seaweed for cosmetics and functional foods BEACON Project at IBERS, Aberystwyth – investigation of novel ingredients and uses of products from plants, esp forage grasses; horizon scanning to identify feedstocks and end products for the HiPLExSon project Royal Botanic Gardens at Kew – business case for a partnership with the Red List Project for a range of ethically sourced essential oils and fragrances

5 Innovation in the Cosmetics Industry What is innovation? Types & sources of innovation, current trends Intellectual property and natural cosmetic ingredients Patent landscape Innovation in natural ingredients Conclusions

6 What is Innovation? matching what is possible with what is needed to create economic value or social good or both - Prof Roy Sandbach

7 Innovation in Cosmetics Ingredients Product type Packaging Formulation Production

8 Some Trends Rise of well-being Natural with sustainable, fair, ethical sourcing Ageing consumers, increasing sophistication Personalisation and smart products Early tech adoption eg liposomes, nanotechnology Multifunctional products eg “alphabet creams”, night-time products Different forms and textures, eg water-activated or mixed products, foams, jellies Cosmeceuticals and scientific evidence Biotechnology

9 Sources of Innovation – A Fragmented Market European Cosmetics and Toiletries Industry No. of companies operating in the EU cosmetics industry in 2010: ~4,000 No. of SME manufacturing enterprises in 2010: 3,041 Source: COLIPA Activity Report 2010 – The European Cosmetics Market 2010

10 Forms of Intellectual Property Patents  Protection for things (products), processes, etc Know how  Confidential trade secret Copyright  Literary and artistic works Database rights  Protects collection of data Design rights  Applied to articles and protects what something looks like Trade marks  Protects goodwill of a business associated with products and/or services.

11 Cosmetic Patents in Context Number of patent publications between 1990 and Jan 2010 for a range of different sectors Source: Trends in patent activity in the cosmetics and perfume sectors. Information note 1. Union for Ethical BioTrade

12 Patenting Trends Patent search in Thomson Innovation Classification codes relating to cosmetics and toiletries + Search terms relating to extracts or ingredients + Search terms relating to plants and natural bio-actives Published in the last 20 years  55,779 patent cases  21,254 INPADOC patent families

13 Patenting Trends

14 Research Location

15 Top Assignees

16 Territories Protected

17 Patent Landscape

18 Claim Language – Novel Extracts 1. An extract of the seeds of Kniphofia uvaria seeds, obtained by mechanical pressing of said seeds, or by bringing said seeds into contact with at least one cosmetically or dermatologically acceptable nonpolar solvent, and removing said solvent. 1. A composition comprising a) an extract of the seeds of the plant Buchholzia coriacea and b) auxiliaries and/or additives, which are common for cosmetic purposes.

19 Claim Language - Use 1. Use of an active substance or an active substance mixture, available from plants of the kind Lindera, for the improvement of the structure of keratin fibers, in particular the structure of human hair. 1. Extract of Bellis perennis L. for use as a depigmenting agent in a therapeutic method of depigmenting human skin. 1. Cosmetic use of kombucha to fight against skin ageing, in particular to prevent or inhibit the protein glycation, especially collagen, and to stimulate subcutaneous lipid synthesis.

20 Claim Language - Combinations 1. A composition comprising at least one Dead Sea extract and at least one extract of the Himalayan Raspberry (Rubus ellipticus), an extract of the Goji Berry (Lycium Barbarum), and an extract of the Iceland moss (Cetraria islandica). 1. A composition obtainable by the method of extracting plant materials selected from the group consisting of Mangifera indica and/or Fumaria officinalis and/or Rumex japonicus. 1. A topical composition comprising  (i) an extract of a first active which is Azadirachta indica; and  (ii) an extract of a second active selected from Momordica charantia or Sesamum indicum.

21 Claim Language – Production Methods 1. Process for preparation of a plant extract from plant material, for the preparation of an infusion including:  a stage of contact between the plant material and a solvent;  at least one stage of extraction in liquid phase of the principal active ingredients, performed with heating and under low pressure;  a stage of drying of the plant material having undergone at least the stage of extraction in the presence of the fraction obtained at the end of at least the extraction stage, in order to allow the fixing of the main active ingredients onto the plant material. 1. Material of plant origin which is a cell extract obtained by in vitro plant culture of Oxydendrum arboreum.

22 Claim Language – All of These 1. A method of treating a skin condition comprising topically applying to skin in need thereof a composition comprising jaboticaba fruit pulp and/or cashew fruit pulp, or extracts thereof, wherein the composition increases hyaluronic acid synthesis and inhibits COX-1 and TNF-a synthesis in the skin.  wherein the water extract is prepared by a process consisting of: (a) adding stem, root, leave, flower, and fruit of paper mulberry plant into water to obtain a mixture; (b) conducting an extraction by boiling the mixture of (a); and (c) filtering the resulting boiled mixture of (b) to obtain a filtrate, standing the filtrate, and concentrating the filtrate by distillation under reduced pressure

23 Value of IP in Natural Cosmetics Patents  Monopoly right  ‘Negative’ right  Value depends on breadth of monopoly  Freedom to Operate more important? Patent value versus other forms of IP?  Know-how (production, formulation etc)  Data and Regulatory approvals / Certification  Trademark / Brand name

24 Patent Box New tax regime in the UK from April 2013 Reduces corporation tax on qualifying profits to 10% (worldwide sales) Products developed in the UK, sold by a UK company and covered by a granted UK or European patent Will give rise to companies having “patent box IP”  Patents with narrow scope  Quick to grant  Little or no monopoly rights value

25 Natural Ingredients in Cosmetics

26 Innovation in Natural Ingredients Any new natural / plant-based ingredient needs to be able to distinguish itself in terms of:  Scientific data  Supply chain  Cost  Marketing story

27 Conclusions Innovation comes in many forms from many sources Natural ingredients can form an important distinguishing feature, but face stiff competition Rising number of patents filed in the sector Most patents in the sector filed by large companies; FtoO may be more important Challenge is to link product efficacy to need

28 Questions? http://www.ip-pragmatics.com IP Pragmatics Limited 1 Quality Court Chancery Lane London WC2A 1HR UK T: +44(0)203 176 0580 E: elaine.eggington@ip-pragmatics.com info@ip-pragmatics.comelaine.eggington@ip-pragmatics.cominfo@ip-pragmatics.com


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