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Intellectual Property Protection and Enforcement Manual - Ipr-policy.eu

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at the early stages of research <strong>and</strong> development <strong>and</strong><br />

marketed products to build risk deterrents into each<br />

product <strong>and</strong> its packaging.<br />

Product <strong>Protection</strong><br />

With more than 250 operating companies, the<br />

counterfeiting teams collaborate on the importance<br />

of implementing protection at the research <strong>and</strong><br />

development stage <strong>and</strong> take multiple steps to protect<br />

their br<strong>and</strong>s. Layering technologies is one of the<br />

primary tactics J&J uses to safeguard its products.<br />

Both overt <strong>and</strong> covert technologies are used to mark<br />

a legitimate product. Howard explains, “I’m going to<br />

pick a pharmac<strong>eu</strong>tical bottle as an example. We may<br />

have overt <strong>and</strong> covert features integrated into a label for<br />

the bottle. We may have overt <strong>and</strong> covert features in<br />

the introduction seal of the bottle itself or in the cap.<br />

A single layer simply doesn’t offer the protection we<br />

believe is necessary. We also don’t use the same<br />

protection at each layer. Mixing technologies such as<br />

molecular markers, color-shifting ink, <strong>and</strong> even font<br />

shifts or changes in graphics provides for a much more<br />

robust line of defense.”<br />

When looking for a technology supplier, Johnson<br />

& Johnson’s first concern stems from its credo. The<br />

company wants to ensure that as it works hard to<br />

protect consumers <strong>and</strong> products, its affiliates are good<br />

to their people, the environment, <strong>and</strong> have a concern<br />

for consumer protection. Beyond that, Howard says,<br />

“With the br<strong>and</strong> integrity elements, we want to make<br />

sure that suppliers have a strong knowledge base. We<br />

also want to make sure that they have the ability to supply<br />

to people who hold even higher security levels than<br />

we may think of, such as companies that produce bank<br />

notes <strong>and</strong> secure papers. Those are the types of suppliers<br />

that underst<strong>and</strong> the importance <strong>and</strong> the nature of<br />

maintaining confidentiality in their secure products.”<br />

operating procedure for all its operating companies. This<br />

plan will be based on current successful efforts put into<br />

place by the monitoring <strong>and</strong> enforcement person in each<br />

of the three market sectors. It includes educating groups<br />

in the field—doctors, nurses, law enforcement officials,<br />

customs officials, distributors, supply chain partners,<br />

security groups, <strong>and</strong> other parties that h<strong>and</strong>le J&J’s<br />

products.<br />

Measuring the benefits of authentication technology<br />

<strong>and</strong> br<strong>and</strong> protection tactics is easier said than done.<br />

According to Howard, “It’s very difficult from our<br />

perspective to accurately gauge how big a counterfeiting<br />

or diversion problem is across a company the size of<br />

J&J.” Ultimately, however, measuring performance based<br />

on anything other than protecting the patient doesn’t<br />

really have a payback.<br />

The Road Ahead<br />

Moving forward, Johnson & Johnson will continue to<br />

evaluate <strong>and</strong> reconfigure its technologies to stay ahead of<br />

the counterfeiters. Howard says, “We try to make people<br />

aware that if they have a technology that could have an<br />

application in our industry we will give them an<br />

opportunity to educate us.” J&J also tries to introduce<br />

nonassociated companies, whose technologies may benefit<br />

from one another. This further promotes combining<br />

tactics for ultimate protection. Howard concludes, “You<br />

have to immerse yourself in this issue. You have got to<br />

get in <strong>and</strong> be willing to work <strong>and</strong> listen to make it<br />

really happen.”<br />

Page 32<br />

The Rollout<br />

J&J is in the process of developing a technology<br />

rollout <strong>and</strong> education plan that will be st<strong>and</strong>ard

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