Jeb Gleason-Allured, Editor

Abstract: Protecting formulas, sources and other forms of intellectual property in a thriving regulatory environment

The Fragrance Materials Association (FMA; fmafragrance.org) and Flavor and Extract Manufacturers Association (FEMA; femaflavor.org) recently co-hosted an in-depth webinar on key intellectual property (IP) issues, particularly the protection of formulas when faced with disclosure requests from customers, physicians, the public and other sources.

The Flavor Houses’ View
Kathleen Crossman of Givaudan discussed the delicate give and take in which flavor houses find themselves—the balance between the pressure to disclose and the pressure to defend IP. The solution, as Crossman put it, lies in identifying needs versus wants. And when disclosures are made, the presenter stressed that companies must mark anything they consider confidential as such. Doing so establishes an expectation of privacy. Companies that do not mark sensitive documents as confidential will have a hard time later arguing such information was privileged. Crossman also voiced some misgivings about e-mailing such information, as confidentiality is more difficult to establish. She suggested alternate means of delivering documents.

Other topics discussed: Identifying requesters; Disclosing carrier system information; IP disclosure hot spots; Medical enquiries; The Fragrance House’s Outlook; De minimis disclosure levels; The Customer’s View; Changing project briefs; Disclosure of ingredient sources; Defining fragrance-free; Worker safety