Korean Makeup and Cosmetic Patents in India: A Growing Trend
Author: Ms. Yeshi Rinchhen, Partner and Ms. Shrutika Misra, Senior Associate & Manager IP at ZEUS Law Associates
Published in Global IP On-Site News by the Overseas IP Center, KOIPA for its December, 2024 edition
The Korean version can be read here
Cosmetics and make-up play a crucial part in the daily routine of a person. Korean products are one of the most popular choices by the public worldwide in light of its innovative products and unique formulas for skincare. The choice of Korean make-up and formulas, famously known as K-beauty, has gained popularity in India as well. These Korean products and formulas include anti-ageing, cushion foundations, sheet masks and other such innovations that have become famous for its formulas, technologies, and results on the skin.
Infringement and Counterfeit
However, in light of a global impact by the Korean companies, there has also been a rise in the sale of replicated and/or counterfeit Korean make-up and cosmetic products globally, including in India. India is a retail hub which unfortunately increases the availability of counterfeit products. India with a complex domestic retail environment ranging from shopping malls to single store outlets to local shops to footpath hawkers which creates an ideal environment for counterfeiter products and infringement in major cities.
Patent Protection in India
Many entities try to use the identical or similar formula or innovation for the make-up and cosmetics under its own brands. In order to avoid such an act of replication or infringement, many companies attain protection for its Intellectual Property (“IP”). Such IP protection includes trademark registration (for its trademark under which the goods are being sold) and Patent registration (for its innovation). These innovations can include the composition of a make-up, the packaging design and/or the applicability invention and can be termed as an invention for which Patent protection can be granted under “The Patents Act, 1970” in India.
Many companies have strategically employed patent rights, globally as well as in India. In order to protect make-up and/or cosmetics under the Indian Patents Law, the invention must qualify as novel; have an inventive step; and be capable of Industrial application. Upon such qualification, an application can be filed in the national phase or under the Patent Cooperation Treaty (to apply in multiple countries through one application).
Types of make-up and cosmetic inventions
As regards the types of make-up and/or cosmetic inventions, there are various categories that qualify to be protected as a Patent. A few have been explained below:
- Composition patents: safeguard special product compositions through exclusive mixtures of components.
For example: Shiseido Co Ltd had filed a patent application for eye make-up cosmetics with the abstract as: “a make-up cosmetic composition having good oil resistance, water resistance and adhesion, which contains at least one of (a) an organosoluble or a water- and organo-soluble ethyl hydroxyethyl cellulose and (b) an aromatic hydrocarbon resin having a softening point of at least about 120° C.”.
- Design patents: protect aesthetic properties of cosmetic products, which include packaging designs, container forms, and other visual arrangements including method and device for make-up or colouring.
For example, Mary Kay Inc. holds patents for various designs of product packaging, such as Cityscape perfume line and Lash Love mascara packaging. While GDK Cosmetics, a Korean company, and Unilever, have patent protection for biodegradable and post-consumer packaging products.
- Utility patents: protect functional innovations such as basic dispensing mechanisms, UV blocking technology, and innovative product usage.
For example: Dominic Akerele, Richard Besen, Fred ORSITA, Guive Balooch, (assigned to LOreal SA) filed a Patent application for a wrinkle detection and treatment system for which the abstract read as “A system for treating skin, the system including at least one cartridge containing a skin care material, a dispensing device including at least one chamber configured to accept the at least one cartridge, and a processor communicatively coupled to the dispensing device, wherein the processor is configured to view an image of a user’s skin, detect one or more features on the user’s skin with treatment image, and applying the skin care product to the one or more skin conditions of the user through an applicator on the dispensing device.”.
Korean make-up and cosmetic Patents globally and in India
Given that the customers, including in India, are increasingly becoming attracted to the compositions of many Korean make-up products, the South Korean beauty companies have been able to gain solid ground in the global cosmetic market by successfully utilizing patents to protect their innovative compositions, delivery mechanisms and packaging designs.
Various Korean companies have entered India for make-up and/or cosmetics as well. A few companies are:
- Amorpacific, with its patent for skincare and cosmetic inventions such as plant-based formulae for its brands of choice like Sulwhasoo and Laneige.
- LG Household & Health Care has established a portfolio of patents in the area of skin-brightening and anti-ageing technology that are showcased in companies like Belif and The History of Whoo.
In light of the increasingly growing demand for innovation and sustainability in beauty products from various sectors in India, K-beauty companies tactfully use intellectual property rights in order to protect its innovative cosmetic formulas, inventive packaging, and customized product development basis the public requirements.