Violation of Licensing Agreement Revealed with In-Product Brand Protection Program

Case Study – AgChem

Violation of Licensing Agreement Revealed with In-Product Brand Protection Program

The Issue

An agricultural chemical manufacturer suspected that one of its formulators was in violation of a licensing agreement, substituting a generic active ingredient for the licensed component. The formulator also appeared to be diverting the end-product for sale in a region outside of its licensed territory where it had a higher value.

The Solution

The manufacturer turned to Authentix for a solution to ensure the use of their component in the formulator’s end-product. Authentix worked with the manufacturer to incorporate US FDA-compliant in-product markers into the licensed component, ensuring that the markers could endure the harsh synthesis process, become homogenous and remain stable, while not impacting the active ingredient.

By adding markers to all of the licensed component, a test of the suspect formulator’s end-product that showed low concentration or no marker presence would indicate that the formulator was replacing the licensed active ingredient with a generic product.

The markers are detectable in the field using a simple qualitative (yes / no) test kit, backed up with a quantitative laboratory test. The layered marker program allows wide-spread and quick field screening, with suspect samples sent to a centralized laboratory for validation and to provide support for corrective action.

The manufacturer’s personnel were trained to use the test kits and perform the laboratory analysis, allowing them to monitor the formulator’s end-product for compliance with the licensing agreement.

The Result

The agricultural chemical manufacturer determined conclusively that the formulator was in violation of its licensing agreement by testing for and not finding the Authentix markers in the end-product. Field tests were confirmed by precise laboratory testing, delivering proof that enabled enforcement action to be taken.