IP Fridays - your intellectual property podcast about trademarks, patents, designs and much more · Rolf Claessen and Ken Suzan

Interview With Myrtha Hurtado Rivas – General Counsel Brands and Marketing Properties, Anti-Counterfeiting & Licensing at Nestlé – Brand Restrictions, AI Tools Like NES GPT, Fight Against Counterfeit Goods – IP Fridays – Episode 156

·38 min·3 clips

Mirta reveals how brand restrictions in Ecuador forced pharmaceutical companies to choose between higher prices or abandoning the market.

This episode of IP Fridays features an interview with Myrtha Hurtado Rivas, General Counsel for Brands, Marketing Properties, Licensing, and Anti-Counterfeiting at Nestlé. Hosts Rolf Claessen and Ken Suzan explore several key intellectual property challenges faced by a global corporation. Hurtado Rivas, who also chairs the INTA Brand Restrictions Committee, explains that brand restrictions are government measures aimed at nudging consumers toward healthier choices, such as warning labels on tobacco or limits on infant formula marketing. She details how these restrictions can forbid certain branding elements, citing the example of the Kinder Surprise egg being banned in some countries for combining a toy with chocolate. A major topic is the distinction between restricting trademark use and restricting advertising, a nuance important for advocacy groups like INTA. The conversation covers sustainability claims, which Hurtado Rivas describes as a complex area lacking clear definitions and involving multiple regulatory bodies. She reveals that her IP team at Nestlé reviews global sustainability claims, navigating uncertainty where imagery like a leaf on packaging might be interpreted as an environmental statement by trademark offices. Nestlé employs an internal AI tool called Nest GPT for tasks like summarizing legal opinions, drafting negotiation language, and making complex information understandable for business teams. The discussion on anti-counterfeiting notes a surge in counterfeit goods linked to global economic crises and rising prices for commodities like cocoa. Hurtado Rivas explains that counterfeit food products pose health risks due to substandard ingredients, improper packaging, and unauthorized additives. She emphasizes that anti-counterfeiting is a company-wide responsibility requiring top-level endorsement and collaboration with competitors, authorities, and consumers. The episode has an educational and conversational tone, blending high-level IP strategy with practical corporate insights. IP professionals in brand management, compliance, or anti-counterfeiting will find concrete examples and strategic advice relevant to global operations. Listeners seeking a highly technical deep dive into patent law or a debate on regulatory policy might find the focus on corporate branding and enforcement less aligned with their interests.

As heard by us

Brand rules, AI tools, and counterfeit enforcement are tied to day-to-day legal work.

The episode stays close to the daily grind of brand restrictions, with a clear focus on trademark rules, global monitoring, AI tools, and the fight against counterfeit goods.

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Why you'd press play

Press play if you want an in-house Nestle view on brand restrictions, AI tools, and anti-counterfeiting.

Read the full recommendation in PlayNext →

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