TaxTMI 
TaxTMI 
2024 (11) TMI 1006
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....extile products using natural dyes/ herbs alongside Neem and Tulsi" called 'Enliven'. The said technology was duly patented by the Informant in India, US and Europe and many more fresh patents are also pending across the globe filed through World Intellectual Property Organisation ('WIPO') route in this domain. As per the Information, the prime vision and business model of the Informant is to collaborate/ license Enliven to other companies having global presence and as such, he has been promoting the application of his patented technology in all kinds of garments and textile products. 3. OP-2, an American multinational company founded in 1837, is a consumer goods corporation headquartered in Cincinnati, Ohio. It is stated to specialise in a wide range of personal health/ consumer health and personal care & hygiene products, including Sanitary Pads (manufacturing and selling) under the brand name 'Whisper'. The Indian subsidiary of OP-2 is OP-1, having its office/ establishment at Mumbai, Maharashtra. 4. As per the Informant, in 2018, he learnt about an initiative of the OPs "PG Connect + Develop", whereunder the OPs, through their portal www.pgconnectdevelop.com, invited appl....
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....rom this description, also contains upon its packaging pictorial view of "Neem Leaves" which makes it clear that the said product is treated with "Herbal Oil and extracts of Neem". As per the Informant, the product packaging itself of "Whisper ultra clean" is sufficient to adduce that the said product is subjected to a particular process or treatment with the help of herbal/ neem oil or extracts to make it No. 1 in hygiene protection. 8. As per the Informant, he had, under the P&G Connect + Develop program, accepted the offer proposal of P&G and made his submissions to treat sanitary pads and diapers with hygiene and herbal properties on a non-confidential basis, only for the specific purpose of evaluation of his submission by P&G for partnering/ collaboration, according to the terms and conditions mentioned under the program. Under their technology/ innovation submission program, the OPs had mandated compulsory disclosure without signing any non-disclosure agreement ('NDA') by the participants. The terms and conditions stated that the "non-confidential basis" was only for the purpose of expediting the evaluation process of the innovations. 9. However, the Informant alleged t....
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....t market player to bring in such a product with over 50% market share in the relevant market of sanitary pads both geographically and revenue wise, meaning thereby that the Informant has lost the first edge to collaborate and bring into the relevant market such product despite being the inventor/ innovator of such technology with duly registered patents in his name. 11. The Informant alleged that it is the modus operandi of P&G's Connect + Develop program to wilfully collect and compile innovation data of techno-innovators like the Informant by fraudulently luring and inducing them, only to compliment and add value to their own products and business and for their own commercial exploitation. 12. The Informant also put on record certain correspondences exchanged between himself and the OPs as well as mentioned about a criminal complaint filed before the Superintendent of Police, Solan, Himachal Pradesh which was stated to be pending. 13. Citing the above facts and making the aforesaid allegations, the Informant, inter alia, prayed the Commission to initiate an investigation/ inquiry under Section 26(1) of the Act against the OPs for violation of the provisions of the Act, a....
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....r sale of goods. The allegations in the present matter do not pertain to sale or purchase practices of the OPs' Whisper products. 17.6 The Informant has been unable to prove dominance of the OPs in the Sanitary Pads market. The Informant has failed to who any harm to consumers or competition as a result of the action of the OPs. The OPs have also not restricted the Informant from collaborating with other sanitary napkin manufacturers or with companies in other industries. 18. In its Ordinary Meeting held on 16.07.2024, the Commission considered the Information along with its Annexures, the additional information provided by the Informant, and the comments of the OPs on the Information, and decided to pass an appropriate order in the matter. 19. The primary grievance of the Informant in the present matter seems to be the launch of "Whisper ultra clean" Sanitary Pads by the OPs in the Indian market, which product, as per the Informant, has exactly the same claims, features and benefits, which the Informant had suggested to the OPs vide his submission dated 18.05.2018 under PG Connect + Develop program. As per the Informant, such information/ idea to develop the OPs' sa....
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....erience in terms of comfort and hygiene. In contrast, tampons and menstrual cups are used internally, catering to different consumer preferences and requirements. Therefore, considering these factors in terms of factors listed under Section 19(7) of the Act, the relevant product market in this context appears to be the "market for disposable sanitary pads". This market segmentation is crucial for addressing competition concerns and understanding the competitive landscape within the female hygiene products industry. 24. As far as relevant geographical market is concerned, there appear no trade or linguistic barriers, or local specification requirements, or national procurement policies or constraint(s) of any other factor stated under Section 19(6) of the Act, on sale of the same across India. As such, the relevant geographic market in the present matter seems to be "India". Therefore, the relevant market in the present matter is delineated as the "market for disposable sanitary pads in India". 25. The next step to which the Commission adverts is the assessment of position of dominance of the OPs in the delineated relevant market. 26. In the Information, the Informant, citi....