Coatings Word December 2015
Transcript of Coatings Word December 2015
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COATINGSWORLD (ISSN 152-711-29) is published monthly by Rodman Media Corp., 70 Hilltop Road, Ramsey, NJ 07446 USA. Phone: (201) 825-2552; Fax (201) 825-0553.Periodical postage paid at Ramsey, NJ 07446 USA and additional mailing offices. Publications Mail Agreement No: 40028970. Return Undeliverable Canadian Addresses toCirculation Dept. PO Box 1051, Fort Erie, On L2A 6C7, [email protected]: Send address changes to: Coatings World, 70 Hilltop Rd. Ramsey,NJ 07446. Free subscriptions to Coatings World are available to qualified individuals. Others are as follows: U.S. one year $75; two years $120. Outside U.S. and overseas:
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4 | Coatings World www.coatingsworld.com December 2015
Table of Contents December 2015 Vol. 20, No. 12
ADVERTISING SECTIONSClassified Ads.......................................................48 Advertising Index ................................................. 49
COLUMNSInternational Coatings Scene ............................... 20
Europe European Coatings Sectors Embraces Concept of
Circular Economy
Latin America New Wacker Brasil Director Targets
Growth
China China Coil Coatings Industry Under Pricing
Pressure from Upstream Market
iPaint ....................................................................26
Who Let the State Legislatures Out?Business Corner ................................................... 28
It Starts at the TopBut Finishes at the Bottom
DEPARTMENTSEditorial .................................................................6
As We Go to Press ............................................... 10
Fresh Paint ........................................................... 12
Market Reports .................................................... 18
Industry News ...................................................... 43
Suppliers Corner ..................................................46
People in the News .............................................. 47
Meetings .............................................................. 48Final Coat ............................................................. 50
31 Powder Coatings Market
35 Biocides Update
37 Understanding the Function of Additives
40 Trade Association Directory
31
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Hearing OpportunityBefore It KnocksBecause we strive to always continue learning, we build meaningful
relationships with every customer by seeking the most extensive
knowledge and experience. Were more than a simple online search.
Our expertise lies in collaborating with every customer to provide
trusted business solutions.
GUS MUNOZ
Southwest RegionSales Manager
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EditorsPage
A Rodman Media Publication
70 Hilltop Road Ramsey, NJ 07446 USA
(201) 825-2552 Fax: (201) 825-0553
Web site:www.coatingsworld.com
EDITORKerry Pianoforte [email protected]
VICE PRESIDENT/EDITORIAL DIRECTORTom Branna [email protected]
ASSOCIATE EDITORCatherine Diamond [email protected]
TECHNICAL EDITORDarlene Brezinski
ART DEPARTMENTMichael Del Purgatorio
[email protected] Downing [email protected]
INTERNATIONAL CORRESPONDENTSSean Milmo (Europe)
Charles W. Thurston (Latin America/Americas)
CONTRIBUTING EDITORSPhil Phillips Steve McDaniel
EDITORIAL ADVISORY BOARDJim Berry (Berry Environmental)
Joseph Cristiano (consultant)
Thomas Frauman (consultant)
Joseph Prane (consultant)
Isadore Rubin (consultant)
Richard M. Tepper (PPG Industries)
Shelby F. Thames (University of So. Mississippi)
PRESIDENTRodman J. Zilenziger, Jr.
EXECUTIVE VICE PRESIDENT
Matthew J. [email protected]
GROUP PUBLISHER / ADVERTISING SALESDale Pritchett [email protected]
ADVERTISING SALES (U.S.)Kim Clement Rafferty [email protected]
Donna Campbell [email protected]
ADVERTISING SALES(Europe)
Ria Van den Bogaert, BVBA Vandenbo
Karmelietenstraat 24 C, Box 56, 1000, Brussels, Belgium
Tel.: +32 2 569 8905 Fax: +32 2 569 8906
Mobile: +32 497 05 0754 [email protected]
ADVERTISING SALES (Hong Kong, Taiwan & China)Ringier Trade Publishing Ltd
401-405 4/F New Victory House
93-103 Wing Lok Street, Sheung Wan, Hong Kong(852) 2369 8788 Fax: (852) 2869 5919
CLASSIFIED ADVERTISING SALESPatty Ivanov 631-642-2048; Fax 631-473-5694
PRODUCTION MANAGERPatricia Hilla [email protected]
AUDIENCE DEVELOPMENT MANAGERJoe DiMaulo [email protected]
CIRCULATION MANAGERRichard DeVoto [email protected]
ONLINE DIRECTORPaul Simansky [email protected]
C W circulation is audited by BPA Worldwide.
This months cover article is on The Powder Coatings Market (31).
According to a new study by Grand View Research, Inc., the
global powder coatings market is expected to reach $12.48 bil-
lion by 2020, Consumer goods are the largest application market for
powder coatings, with estimated consumption of 437.3 kilo tons in 2013.
Automotive and general Industries were the key application markets, with
combined powder coating sales expected to reach $5.11 billion by 2020.Powder coating demand in furniture was relatively small in 2013 but is ex-
pected to witness substantial growth of more than 7.6 percent from 2014
to 2020.
Further key findings from the study suggest:
The global market for powder coatings was 1,977.1 kilo tons in 2013
and is expected to reach 3,202.5 kilo tons by 2020, growing at a
CAGR of 7.2 percent from 2014 to 2020.
Asia Pacific was the largest regional market for powder coatings, with
estimated consumption of over 900 kilo tons in 2013. This can be
attributed to the presence of large manufacturing setup in the region,
especially in India and China, as well as rapidly growing domestic de-mand in various applications. This region is also expected to witness
fastest growth and grow at a CAGR of 8.5 percent from 2014 to 2020.
Europe and North America were the other key markets for powder
coatings. However, they are expected to lose regional market share
owing to the shift in manufacturing units from these regions to emerg-
ing economies in Asia and Latin America.
For more information go to www.grandviewresearch.com.
Consumer Goods isLargest Market for
Powder Coatings
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AsWeGoToPress
AkzoNobel Opens $10 MillionResearch Facility in the U.S.
AkzoNobel has opened a new
research, development and in-
novation (RD&I) center in
Strongsville, Ohio, in the United States.
The $10 million facility will support
several of the companys Performance
Coatings businesses, including coil, extru-
sion and packaging coatings.
Featuring full testing, scale-up and
analytical capabilities, it will house
more than 120 staff, including 65 highly
trained scientists and technicians. Commenting on the opening, AB
Ghosh, managing director of AkzoNobels
Metal Coatings business, said: By ex-
panding our facility in Strongsville, we
are providing a central, state-of-the-art
technical resource for our businesses in
North America, creating the critical mass
for effective RD&I to more efficiently
support our customers. The facility will
also enable us to focus on further improv-
ing the performance and sustainability of
our products.Added Performance Coatings RD&I
director, Klaas Kruithof: This is a sig-
nificant investment which underlines our
focus on technology and product innova-
tion, as well as our commitment to the
North American market. It will be an in-
tegral part of our global RD&I function
and will directly contribute to our overall
growth plans.
The Strongsville center is the latest
in a series of investments to strengthen
AkzoNobels research capabilities in theregion. The company recently announced
that it is investing approximately 3 mil-
lion ($3.4 million) to expand its RD&I
capabilities in Houston, Texas. The
Houston facility will support the compa-
nys Protective Coatings, Marine Coatings
and Specialty Coatings businesses.
PPG Aerospace DonatesCoatings for F-4 RestorationAn F-4 Phantom fighter jet on display at
the New England Air Museum was re-stored with coatings and technical talent
donated by PPG Industries aerospace
business to honor the jets U.S. Air Force
service during the Vietnam War.
PPG donated high-solids
DESOTHANE HS/CA 8211 military and
defense topcoat in camouflage, Desothane
HS/CA 8800 topcoat in gloss white and
DESOPRIME HS/CA 7700 primer. Kevin
Lee, PPG senior account manager, aero-
space, provided the technical talent and a
personal connection to the aircraft manu-
facturer, McDonnell Douglas.NEAM volunteer and restoration
technician Jim McGuire contacted Lee,
with whom he had worked in the past,
to ask for PPG help in repainting the F-4,
which is on loan to the museum from
the U.S. Air Force. McGuire wanted
it restored with its paint scheme from
December 1972, when the aircraft was
flown in a mission that downed an enemy
MiG fighter jet. He knew what it looked
like from a photo provided by the mis-
sions pilot and copilot.
The assistance by Lee proved to be
serendipitous. My first experience in the
aerospace industry came back in 1978 at
McDonnell Douglas, in Tulsa, Oklahoma,
where we completely refurbished the F-4aircraft, including repainting.
Lee selected PPG coatings that would
provide a durable system with good ul-
traviolet (UV) protection that should re-
tain its gloss and color for years. CW
Index to Companies
This index gives the starting page for a department or feature with a sig-
nificant reference to a manufacturer of paint, coatings, adhesives and sealants
Subsidiaries are indexed under their own names.
AkzoNobel ................................................................................................ 10,31
Axalta Coating Systems ............................................................................. 12,29
Burtin Polymer Labs and Coating and Foam Solutions ................................... 12
H.B. Fuller ......................................................................................................12
Hempel ........................................................................................................... 12
Henkel ............................................................................................................ 12
National Paint Industries .................................................................................12
Polychem Powder Coatings .............................................................................29
PPG ................................................................................................10,12,31,50
Rust-Oleum .....................................................................................................29
Sherwin-Williams ...................................................................................... 12,29
Valspar ...................................................................................................... 12,29
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Troy,Your Partner for Successnow has more solutions than ever to meet your preservation
needs. With the recent acquisition of the Fungitroland Nuoseptbrands, Troy offers
one of the broadest ranges of dry-film and wet-state preservatives in the marketplacetoday, including the most effective active technologies currently available.
Visitwww.troycorp.comto see how Troys premier portfolio of preservatives has been
enhanced, delivering even more performance, sustainability, and value.
Troy Corporation 8 Vreeland Road Florham Park, NJ USA 07932 973-443-4200 www.troycorp.com
Dry-Film Preservatives
Polyphase Fungitrol Troysan
Wet-State Preservatives
Mergal Nuosept
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Fresh
Paint
Sherwin-Williams has introduced its
latest innovation, ColorSnap, the
companys most comprehensive,
integrated color selection system ever of-
fered. Designed to help consumers and
professionals make confident and effi-
cient paint color selections, ColorSnap
includes a first-of-its-kind, in-store dis-
play that makes color selection fast and
easy, in addition to enhanced online and
offline tools, and new colors, the com-
pany reports.ColorSnap will be available in all
4,000 Sherwin-Williams stores across
the U.S. and Canada by the end of
January 2016.
Customers can explore color in an
entirely new way with the interactive,
in-store ColorSnap Studio display, which
groups color by family, such as red, yel-
low or blue, then displays color by satu-
ration level from bright to neutral with a
new category just for whites. Each color
family is set on one of 24 rotating panels.By turning a panel, customers can see a
curated selection of nearly 50 paint chips
of specific colors within that color fam-
ily making the selection process simple
and fun.
The display, which will be the center-
piece of every Sherwin-Williams store,
also features new 2-by-3-inch take-home
color chips, rather than strips, so custom-
ers can get a bigger, better idea of how
colors will look in their space.
Sherwin-Williams conducted exten-sive testing to ensure the new ColorSnap
system would improve the overall cus-
tomer experience. During in-store testing,
on average, customers found their paint
color of choice in 60 percent less time
than with the previous display.
Sherwin-Williams collaborated with
IDEO, an award-winning global design
and innovation consultancy, on the in-
store display, which uses a human-cen-
tered, design approach to help simplify
the color-selection experience for bothDIYers and professionals.
We were honored to work with
Sherwin-Williams to reimagine the color
selection journey through the lens of the
companys many diverse customers. After
a thoughtful and iterative design process,
were excited to see ColorSnap come to
life, said Michelle Ha Tucker, portfolio
director, IDEO.
As part of the new display, a central
work area will be added for customers to
arrange and review their color choices,
explore Sherwin-Williams color tools andinteract with store experts. Customers
will also be able to browse and take home
nine new color guides and 12 postcards
that are designed to inspire, educate and
simplify color selection.
In addition to ColorSnap Studio, the re-
designed in-store color display, the all-new
system includes a refreshed and integrated
online set of tools including ColorSnap
Visualizer for iPhone, iPad, Android and
online (at sherwinwilliams.com). The tools
allow users to explore color before everpicking up a paintbrush. With the mobile
app, customers can scan the new 2-by-
3 inch color chip with their iPhone or
Android smart phone for instant access to
room scenes featuring that color, options for
coordinating colors, and more. ColorSnap
Visualizer also inspires by matching a color
in a photo to a specific Sherwin-Williams
color, allowing users to virtually paint a
room or simply browse details on the full
range of Sherwin-Williams colors. The iPad
app also features inspirational room scenesthat showcase expert color picks.
The ColorSnap system also seamlessly
integrates with Sherwin-Williams indus-
try-leading Sher-Color Advanced Color
Matching Technology, which calibrates
color formulas specifically for every prod-
uct and sheen, ensuring outstanding color
accuracy and consistency when order-
ing a Sherwin-Williams color or match-
ing a color to an accessory or to a color
from another paint brand. Sher-Color
is available in-store for fast, precise andcustom color matching.
Professionals will also find color selec-
tion easier and faster, thanks to the va-
riety of new resources available to them,
whether in the office or on the job site.
The ColorSnap Design Pro Suite includes
an updated and expanded suite of tools
for professionals (including a new ergo-
nomic fan deck, portable and desktop
kits and more), along with the ColorSnap
Visualizer online tools. The ColorSnap
Design Pro Suite creates a powerful color
selection system that can differentiatea design practice. It will be available in
early 2016.
PPG Foundation Donates$120,000 to Penn State forUndergraduate ResearchThe PPG Industries Foundation has do-
nated $120,000 to the Pennsylvania State
University (Penn State) for its Materials
Research Institute (MRI) Student
Assistantship Program and additional
programming. This marks the third yearthe PPG foundation has supported Penn
State undergraduate students participat-
ing in the 10-week summer program, this
year funding eight fellowships, as well
as one graduate student for a full years
research along with additional student
opportunities.
PPG Industries values Penn States
MRI programs because they help pre-
pare students for careers in fields related
to PPGs business, such as coatings re-
search and development, said Sue Sloan,executive director of the PPG Industries
Foundation. Were excited to continue
our relationship with Penn State and pro-
vide funding that expands opportunities
for students and grows our ties with this
well-respected research institution.
Each summer student who is named
a PPG Undergraduate Research Fellow
conducts a materials research project
under an advisors supervision, and then
summarizes it in a poster presentation
held in conjunction with the NationalScience Foundation-funded Research
Sherwin-Williams LaunchesSystem to Simplify Color Selection
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Experience for Undergraduates (REU)
program. Jacob Wisser, a 2014 PPG
Undergraduate Research Fellow, went
on to win a Barry Goldwater Fellowship
considered the most prestigious U.S.
award for undergraduate research forhis summer research project.
The 2015 fellows also gave five-min-
ute presentations on their research at
the PPG Coatings Innovation Center in
Allison Park, Pennsylvania, on July 29.
We are very thankful for the sup-
port PPG provides to MRI and the PPG
Undergraduate Research Fellows, said
David Fecko, MRI industry relations co-
ordinator at Penn State. The program
offers our undergraduate students a ter-
rific opportunity to pursue research in anarea of their choosing, giving them im-
portant experience in the challenging and
exciting world of materials research.
The Materials Research Institute en-
compasses 15 departments in five col-
leges at Penn State. The universitys
engineering departments are committed
to driving materials-based research and
development, and the National Science
Foundation recently ranked Penn State
as the nations top materials university
based on total research expenditures.
Henkel AdhesiveTechnologies LaunchedLighting in 2025 TrendReportHenkel Adhesive Technologies, a solution
provider for adhesives, sealants and func-
tional coatings, has unveiled its Lighting
in 2025 report, with up-to-the-minute
research on current and future trends in
the lighting industry. One key finding of
the report is that the Asia-Pacific region
is poised to be a key driver of growth inthe global industry. With 2015 designated
as the International Year of Light and
Light-based Technologies by the United
Nations, Henkels comprehensive and
incisive research drew on the expertise
of leading academics and over 50 com-
panies working in related industries and
value chains. It provides a com-
prehensive industry outlook and
market insights. Michael Olosky,
Corporate Senior Vice President
and Global Head of Innovation & New
Business Development, Henkel AdhesiveTechnologies, remarks, You wouldnt
think of adhesives as an important part of
our modern lighting at first. But industrial
adhesives are everywhere in our everyday
lives: The headlights of cars, illuminated
advertising of stores and restaurants,
desktop computer screens or smartphone
displays these are examples of everyday
objects using the LED technology. What
they have in common: They are all built
with the application of high-performing
adhesives. Within the portfolio of ourAdhesive Technologies business unit, there
are many products that are used to manu-
facture innovative LEDs/OLEDs. Henkel
adhesives are a key enabler for new light-
ing solutions. According to the report,
urbanization in Asia will grow from 44
percent in 2010 to 53 percent in 2025,
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compared to a global increase of
just six percent during same peri-
od. As the ranks of Asias middle
class continue to swell, consumer
demand for mobility and communications
technology will increase, while consumerswill also expect greater levels of sustain-
ability and efficiency. These Asian mar-
ket megatrends will drive the evolution
of lighting technology in four key areas:
Residential Buildings; Medical Diagnostics
and Treatments, Outdoor Applications
and Transportation.
GreenWizard and ValsparAnnounce EmeraldPartnership
GreenWizard Inc., a leading productmanagement platform for transparency
in building product data and documen-
tation, and Valspar, a leading global
coatings manufacturer, announced the
beginning of their Emerald Partnership
that will help architects and design-
ers achieve building performance and
sustainability requirements. This new
Emerald Partnership strengthens both
companies shared vision and commit-
ment to product responsibility. This is the
third Emerald Partnership since the pro-gram launched, profiling the collabora-
tive efforts of leaders in the industry.
With GreenWizard being the conduit
for responsible product attributes related
to building performance and sustainabili-
ty to the design and construction commu-
nity, and Valspar supporting these efforts,
great things are expected to come from
this partnership.
National Paint IndustriesPurchases General CoatingsTechnologiesNational Paint Industries of North
Brunswick, New Jersy has acquired
General Coatings Technologies located
Brooklyn, New York. General Coatings
is a manufacturer of paints and coatings
serving the architectural and commercial
maintenance market. General Coatings
was established in 1946 and has built a
reputation for premium quality coatings
under the Pentagon, Eaglo, F.O Pierce,and Dutch Master brand names.
We are thrilled to now have General
Coatings as part of our company. It will
add complimentary products along
with an outstanding long established
customer base to our existing portfolio.
Together with our specialty productssuch as clear wood finishes, marine,
pool, silicone, urethane and epoxy
paints, our dealers will now have avail-
able a product line unmatched in the in-
dustry. We are also excited to carry on
the General Coatings - Pentagon name,
which dates back to 1946 as a coat-
ings manufacturer, said Mike & Don
Schnurr of National Paint Industries.
Many individuals from General
Coatings will be joining National in the
areas of sales, manufacturing and cus-tomer service. We are very happy that
General Coatings is joining National who
has done an outstanding job of continued
sales growth in many different areas of
the coatings industry. Our customers will
be well served under their leadership as
we share the same family company val-
ues for quality and customer service said
Michael and Robert Ghitelman, owners
of General Coatings.
350 Full VesselCoatings Achieved withHEMPAGUARD AntifoulingProductTwo years after its launch Hempel has
announced that its antifouling product
HEMPAGUARD has now been applied as
a full vessel coating to more than 350 ships.
HEMPAGUARD was launched two
years ago during London International
Shipping Week 2013 after a five-year de-
velopment programme, and is Hempels
first product to use its proprietaryActiGuard technology that integrates sil-
icone-hydrogel and full diffusion control
of biocides in a single coating. So confi-
dent is Hempel of its performance that
the company offers the industrys first
performance satisfaction guarantee.
To date, feedback from customers
confirms that their vessels have remained
significantly cleaner, and for longer, than
theyve experienced with any other anti-
fouling product.
The coating was introduced to theshipping industry against a backdrop of
rising bunkering costs, tightening envi-
ronmental regulations and the introduc-
tion of mandatory Ship Energy Efficiency
Management Plans (SEEMP). In October
2014, HEMPAGUARD, won Shipping
Efficiencys prestigious EnvironmentalTechnology award for making a signifi-
cant contribution to environmental im-
pact reduction or prevention to ships.
H.B. Fuller AdhesiveAcademy to AccelerateCustomer InnovationH.B. Fuller has officially opened
its Lneburg Adhesive Academy in
Germany, the companys newest technical
centre of excellence, to help its custom-
ers respond more quickly and effectivelyto market trends, industry challenges and
opportunities.
Combining state-of-the-art equipment
with the collective knowledge of experts
drawn from H.B. Fullers global network,
this facility will be a focus for adhesive
R&D excellence. Drawing on special-
ist knowledge from different industry
sectors, the academy provides an envi-
ronment to work in partnership with cus-
tomers to solve problems, and create new
solutions, more rapidly than ever before.Our new adhesive academy is a per-
fect example of what we mean by con-
necting what matters. It brings together
everything necessary to connect custom-
ers to innovative adhesive solutions that
will give them a competitive edge, said
H.B. Fullers president and CEO, Jim
Owens. From the academy, we will
strengthen our commercial partnerships,
solve some of the worlds toughest ad-
hesion challenges and develop market-
ready solutions to help drive customerand industry performance.
Nick Lehman, R&D director, added,
By bringing together adhesive specialists
from different sectors to share expertise,
transfer technologies between markets
and stimulate ideas, we are confident
we can accelerate adhesive innovation.
Furthermore, we are providing those ex-
perts with first-class offices, laboratories,
technical facilities and machinery to en-
sure they have the best possible environ-
ment in which to think and to create.Covering 2,300 square meters, the
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Lneburg Adhesive Academy includes
dedicated areas for packaging and con-
verting, hygiene and durable assembly ad-
hesive technologies. It is purpose-designed
for related functions, such as conducting
experiments, running demonstrations andtraining customers. The investment in the
site also reinforces H.B. Fullers commit-
ment to the local community.
Henkel Signs DevelopmentAgreement with DropWiseto Expand its SurfaceTreatment BusinessHenkel Adhesive Technologies has signed
a a joint development agreement with
U.S.-based DropWise Technologies Corp.
DropWise, founded in 2014, is head-quartered in Cambridge, MA. The start-
up company has developed technology,
intellectual property and lab-scale manu-
facturing know how for a novel method
of hydrophobic coating applications.
The partnership will enable Henkel fur-
ther expanding its position in the global
surface treatment business and driving
growth with new applications.
Collaborating with promising
start-ups that provide access to cutting-
edge future technologies is an integral
part of our innovation strategy, saidMike Olosky, corporate senior vice
president and global head of Innovation
& New Business Development, Henkel
Adhesive Technologies. Together with
DropWise we can combine their unique
technologies with our global market
access and know-how in coatings to
generate profitable growth for both
partners in the future.
Axalta Coating Systems
Will Locate New GlobalInnovation Center at TheNavy Yard in PhiladelphiaAxalta Coating Systems has announced
its new Global Innovation Center will be
located at The Navy Yard in Philadelphia,
Pennsylvania. The 16,000m2 facility will
be home to Axaltas global research,
product development and tech-
nology initiatives, and it will
partner with the companys
other technology centres in the
Americas, Europe and Asia-Pacific.
The project is being developed byLiberty Property Trust and Synterra
Partners, and Axalta has entered into a
long-term lease agreement for the build-
ing. Project construction is expected to
be complete in late 2017. Upon reaching
full operation in 2018, Axalta will bring
at least 190 new jobs to Philadelphia
with the possibility of additional posi-
tions in the future. Axaltas global cor-
porate headquarters is already located
in Philadelphia, and its North America
headquarters is located in Glen Mills,Pennsylvania, with a customer training
centre in Exton, Pennsylvania.
Axalta chairman and CEO Charlie
Shaver, Pennsylvania Secretary for
Labour & Industry Kathy Manderino,
and Philadelphia Mayor Michael Nutter,
announced the project at The Navy Yard.
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H.B. Fuller LneburgAdhesive AcademyAwarded LEEDCertification
H.B. Fuller has announced that its
newest technical center of excellence,the Adhesive Academy in Lneburg,
Germany, is LEED certified to the Gold
level. It is the first laboratory building in
Germany that has achieved a Gold certi-
fication under version LEED v2009 NC
(New Construction).
PPG Industries FoundationGrants $7,000 to UnitedWay of DelawareUnited Way of Delaware has announced
the generous gift of $7,000 from thePPG Industries Foundation. From
PPG providing the paint and volunteers
to upgrade our office in Dover, to the
PPG Industries Foundations lifetime fi-
nancial support of over $400,000, the
PPG team continues to be a committed
partner to United Way of Delawares
mission. As PPG celebrates 40 years
of manufacturing operations in the
First State, we honor them for all they
have done and continue to do to posi-
tively impact the community, said JohnMoore, vice president of resource de-
velopment at United Way of Delaware.
Neal Nicastro, plant manager at the
PPG Architectural Coatings facility in
Dover, Delaware, said, We are proud
to support the United Way of Delaware
and are committed to the communities
in which we operate. PPG values our
relationship with the United Way and
the impact weve been able to make on
the Dover community together. PPG
Architectural Coatings is a business
of PPG Industries, the worlds leading
coatings company.
PPG-Painted Chevy Takes2015 Barrett-Jackson CupA PPG-painted 1962 Chevrolet Bel
Air Bubbletop was named the 2015
Barrett-Jackson Cup Ultimate Best
of Show winner at Circus Circus in
Reno, Nevada. The award was pre-
sented during the final evening of
the three-day Barrett-Jackson Reno
Tahoe collector car auction. The car
is owned by Randy and Lisa Wilcox
and was built by Andy Leach at CAL
Automotive Creations in Bennington,Neb. Its silver finish was applied by
Charley Hutton of Charley Huttons
Color Studio in Nampa, Idaho, using
PPG Industries automotive refinish
products exclusively.
Hutton used several PPG brands to
attract the judges eyes. ENVIROBASE
High Performance Basecoat, Magnesium
Silver (code 904978) and DELTRON
DCU2021 Urethane Clear gave the car its
exterior luster. The engine bay received
Pepper Grey (code 931611) and finishedwith GLOBAL REFINISH SYSTEM
D8115 Matte Clearcoat, and the inte-
rior was painted with custom-mixed
Envirobase High Performance coatings
to match the oxblood leather.
The Barrett-Jackson Cup was es-
tablished in 2013. The Ultimate Best
of Show award brought with it a prize
package worth almost $60,000. Cars
entering the competition were reviewed
over a three-day period by a trio of
well-respected custom car world per-
sonalities including builder and PPG
devotee Bobby Alloway, hot rodder Pete
Chapouris, and Bob Millard, general
manager of the International Show CarAssociation (ISCA).
Accella Acquires BurtinPolymer Labs and Coating& Foam SolutionsAccella Performance Materials, a man-
ufacturer of polyurethanes and recycled
rubber products has announced the
acquisitions of Burtin Polymer Labs
(BPL) and Coating and Foam Solutions
(CFS), a manufacturer of spray foamsand coatings for insulation and roof-
ing as well as specialized spray elasto-
mers including the Bullet Liner brand
for truck bed liners and heavy duty
coatings. Burtin Polymer Labs and
Coating and Foam Solutions are based
in Cartersville GA, and will continue to
provide their broad line of high perfor-
mance products with strong customer
support with even greater resources as
part of the Accella family.
The combination of Burtin andAccella provides strong technical ex-
pertise and a portfolio of polyurethane
system capabilities, allowing us to fur-
ther expand our manufacturing foot
print and provide even more valuable
solutions for our customers based on
deep polyurethane technology and ap-
plication expertise, remarked Andy
Harris president and CEO of Accella
Performance Materials. CW
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MarketReports
Information Research Company (IRL)
has released an in-depth analysis of
the top global markets for architec-
tural coatings, covering market shares
and prices in its analysis for the first time.
IRL is offering a detailed and compre-
hensive guide to this sector of the coat-
ings industry. The reports provide, for
each key country covered (21 countries
in total), consumption estimates in both
volume and value terms, with 2014 as
the base year and forecasts to 2019. Inits two-tiered approach, top-level data is
also available for the remaining countries
covered in our global database (~100
countries).
IRL estimates global sales of architec-
tural paints and coatings to have reached
almost 27 million metric tons in 2014,
with sales expected to reach over 33 mil-
lion metric tons by 2019.
The information in IRLs reports is
based on a comprehensive program of
telephone interviews with key playersin each country market, backed up by
thorough secondary research and IRLs
in-house database of global paints and
coatings market data.
IRL has identified over 120 of the
leading companies in the major global
markets, providing market shares in vol-
ume terms for each country.
The geographic coverage includes the
following countries: Germany, United
Kingdom, Spain, Italy, France, Poland,
Russia, Saudi Arabia, UAE, South Africa,Turkey, China, Japan, South Korea, India,
Indonesia, USA, Canada, Mexico, Brazil
and Argentina.
In terms of value, global sales of archi-
tectural coatings reached $61 billion/49
billion in 2014. Asia accounted for the
largest share of the market value despite
having a substantially lower average price
compared to Western economies.
The majority of the market value was
generated by sales of Vinyl/Styrene/VAE
paints, followed by Pure Acrylic paints.The average price across these two
IRL Releases Architectural CoatingsGlobal Market Report
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MarketReports
categories varies substantially, with the
latter being much more costly. The share
of Pure Acrylic has been increasing in re-
cent years and although it still has a small
share in volume, it already accounts for a
substantial share of the value.All research was undertaken between
July and October 2015 from our offices
in London, New Jersey, New Delhi and
Beijing. The research took the form of an
extensive telephone interview programme
with senior executives at major coatings
companies in each of the countries cov-
ered. The information provided has been
crosschecked and validated using other
online information, published statistical
data and trade association data.
Country reports are priced individu-ally, and will be available to purchase
online at IRLs website: www.informa-
tionresearch.co.uk.
New Study Finds GreenConstruction is Major U.S.Economic DriverThe green building sector is outpac-
ing overall construction growth in the
U.S. and will account for more than
2.3 million American jobs this year, ac-
cording to a new U.S. Green BuildingCouncil (USGBC) study from Booz Allen
Hamilton.
The 2015 Green Building Economic
Impact Study, released today by USGBC
and prepared by Booz Allen, finds the
green building industry contributes more
than $134.3 billion in labor income to
working Americans. The study also found
that green constructions growth rate is
rapidly outpacing that of conventional
construction and will continue to rise.
By 2018, the study finds, green con-struction will account for more than 3.3
million U.S. jobsmore than one-third of
the entire U.S. construction sectorand
generate $190.3 billion in labor earnings.
The industrys direct contribution to U.S.
Gross Domestic Product (GDP) is also
expected to reach $303.5 billion from
2015-2018.
Green building is playing a mas-
sive role in the U.S. construction sec-
tor, the clean and efficient energy sector
and the U.S. economy as a whole, saidRick Fedrizzi, CEO and founding chair,
USGBC. More than 2.3 million U.S.
workers are taking home $134 billion
annually in large part because of green
building programs like LEED. Demand
for green building will only continue to
grow as individuals, businesses and insti-tutions continue to prioritize sustainable
approaches to the design, construction
and operations of our built environment.
The new USGBC analysis also ex-
plores the multifaceted economic con-
tribution of green construction to the
U.S. economy and individual U.S. states,
quantifying the economic impact of green
building and LEED (Leadership in Energy
and Environmental Design).
Our research shows that green build-
ing has created millions of jobs and con-tributed hundreds of billions of dollars to
the U.S. economy, with the construction of
LEED-certified buildings accounting for
about 40 percent of green constructions
overall contribution to GDP in 2015,
said David Erne, a Senior Associate at
Booz Allen. This industry is certainly
on the rise, and aggressive growth in the
green building sector is anticipated over
the next four years.
In addition to national jobs, GDP
and labor earnings from green building,the study projects significant growth in
green buildings contribution to indi-
vidual states tax contributions and en-
vironmental asset indicators at both the
national and state levels.
Total state earnings related to LEED
building construction projects are esti-
mated to total $8.4 billion by 2018. In
Texas alone, almost 1.26 million jobs in
the green building sector are projected
between 2015 and 2018. As a result,
green building will also contribute to sig-nificant savings across energy, trash, wa-
ter and maintenance costs.
Self-healing Coatings andParts Are Next Frontier forSmart MaterialsRecent advances and ongoing improve-
ments will help rapid and low-cost develop-
ment of smart materials, and the next wave
of innovation will be in self-healing coat-
ings and parts, according to Lux Research.
Smart materials those thatchange their properties in response to
environmental stimuli, pro-
viding dynamic functionality
range from everyday items
like photochromic lenses that
darken in sunlight to complex ceramics
and nanocomposites used in electron-ics. Emerging classes of smart mate-
rials include self-healing materials,
sensing materials, and shape memory
materials, each of which has many po-
tential applications.
Today, researchers are beginning
to develop software tools for predicting
what structures will result in what smart
properties. As a result, in the next five to
ten years, these kinds of smart materials
may become much faster and cheaper
to develop, said Anthony Vicari, LuxResearch Analyst and the lead author
of the report titled, Get Smart: Smart
Materials as a Design Paradigm.
Lux Research analysts studied advanc-
es in the development of smart materials
and their adoption by industry. Among
their findings:
The focus is on self-healing materi-
als. With applications in composites and
coatings, self-healing materials are set to
be the next frontier for smart materials.
Such materials automatically repair dam-age to themselves through one of several
chemical mechanisms.
Varied companies hold patents. Over
300,000 patents have been granted
across all smart material families even
though few mention the term smart ma-
terial in their titles, abstracts or claims.
Patent filings peaked in 2012 at about
100,000, and top patent holders include
heavyweights such as Siemens, IBM, GE
and Samsung.
Commercialization can occur rap-idly when conditions are right. Many
classes of smart materials had long in-
cubation times, but saw very rapid com-
mercialization once the time was right.
Pieozelectric materials were long relegat-
ed to niche applications before booming
due to adoption in mainstream products
such as inkjet printers, digital cameras
and smartphones.
The report, titled Get Smart: Smart
Materials as a Design Paradigm, is part
of the Lux Research Advanced MaterialsIntelligence service. CW
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International Coatings Scene Europe
European Coatings Sector EmbracesConcept of Circular Economy
The scope of
the value chains
themselves are
being lengthened
in Europe,
resulting from the
introduction at
the national and
European level
of the idea of a
circular economy.
by Sean Milmo
European Correspondent
T
he application of sustainability, origi-
nally mainly focused on individual
products and their ingredients, has beenextended to whole value chains.
In the coatings sector these value chain
cover the raw materials for the wide range of
chemicals used in coatings formulation to the
use of the paint itself in sectors like construc-
tion, automobile, marine and aerospace.
Now, however the scope of the value chains
themselves are being lengthened in Europe, re-
sulting from the introduction at the national
and European Union level of the idea of a cir-
cular economy.
This attempts to change the current economicsystem, prevalent since the industrial revolution
in Europe, under which growth is based on the
manufacture and consuming of products and
then disposing of them as waste. It is derived
from what is increasingly being seen as an out-
dated belief that resources will remain abundant
without the need for their reuse.
So Europe has been adopting a resource
efficiency agenda, in which a cradle-to-graveapproach is replaced by a cradle-to-cradle or
circular arrangement.
For Europe greater resource efficiency has
become vital because it is so dependent on im-
ported raw materials.
The emergence of the circular economy
backed by closed-loop schemes in which dis-
posal is replaced by reuse is changing con-
cepts of sustainability at least in Europe.
Sustainability is not just about launching coat-
ings and other products on the market which
will help preserve the environment and pro-tect human health. They also need to be safe
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International Coatings SceneEurope
to recycle, particularly by reusing them,
once they reach the end of their conven-
tional life cycle.
Closed loop schemes help to make
sustainability an even bigger force, ex-
plained Tom Bowtell, chief executive of
the British Coatings Federation (BCF).
The more people start to talk about sus-tainability and the circular economy the
more they will understand that sustain-
ability is part of the solution to the issues
of resources and global warming.
The BCF has just launched a campaign
in the UK, called Paintcare, which is one
of the first of its kind in Europe, for the
remanufacture of waste decorative paint,
mainly in the DIY sector.
Coatings and raw materials compa-
nies are having to reconsider their sus-
tainability policies in the light of circulareconomy initiatives.
The circular economy will change
things, said Dirk Voeste, vice president,
sustainable strategy, at BASF, a pace setter
in sustainability initiatives in the coatings
sector because of its position as both a
coatings and raw materials producer.
Were now thinking about how we
deal with closed loop systems in the con-
text of sustainability, he continued. We
need to start to increase the performance
of our products in terms of durabilitybecause that helps to make better use of
resources. We have to think about de-
signing products to ensure that they are
recyclable, which will be a process begin-
ning at the R&D stage.
He was speaking during an interview
with Coatings Worldafter giving a pre-
sentation on the companys sustainabil-
ity strategy at a conference at Windsor,
England, in November organized by
Sustainable Brands London.
BASF, which in addition to produc-ing coatings also makes resins, pigments
and other coatings ingredients, empha-
sizes the importance of helping to en-
courage sustainability along the length
of value chains.
We look at value chains in terms of
their sustainability requirements and how
much sustainability initiative can benefit
customers along the chains, not just withproducts but with processes, he said.
He used as an example the com-
panys CathoGuard process for OEM
coatings which, as a result of the first
layer eliminating the primer and bak-
ing steps, reduces energy consumption,
greenhouse gases and emissions of vola-
tile organic compounds.
The companys present sustainability
policy has been based on the assessment
of around 60,000 products and the stag-
ing of 180 workshops of employees and,in some cases, customer representatives.
Its key objective is to increase the pro-
portion of total sales provided by what it
calls accelerators or those contributing
substantially to sustainability in value
chains. Its target for 2020 is a 28-per-
cent share of total sales from accelera-
tors against a current 23 percent worth
around 15 billion ( $16 billion).
Each of our strategic business units,
including coatings, now has an individual
accelerator target, said Voeste.Circular economy schemes can help
companies achieve their sustainability ob-
jectives in areas like energy consumption.
Remanufacturing of coatings can
save a lot of energy, Bowtell said.
Around 75 percent of the carbon foot-
print in the making of paints comes from
the production of energy intensive raw
materials like titanium dioxide.
BCFs PaintCare campaign, which has
the same brand name as a paint recycling
scheme in North America, has put for-ward 15 proposals for action by the paint
and waste industry and central and lo-
cal government in the UK. The aim is to
use a large proportion of the 50 million
liters or 71,500 metric tons of leftover
decorative paint each year to establish a
new remanufacturing sector.Only 2 percent of the leftover
paint is reused or remanufactured, said
Bowtell. Yet it is technically feasible
to turn around 40 percent of this waste
back into new paint.
Currently 29 percent of leftover paint
is landfilled, 19 percent incinerated with
energy recovery and 48 percent without
and 2 percent poured down the drain.
A major obstacle previously to the
marketing of remanufactured paint has
been the lack of quality standards. SoPaintCare is urging the paint industry to
introduce a remanufacturing quality pro-
tocol. It also wants the paint and waste
industries to join together with academia
to find solutions for leftovers which can-
not be remanufactured into new paint by
using them as raw materials for concrete
and other products.
PaintCare is calling on local authori-
ties and the waste industry to stop land-
filling liquid paint by ensuring that their
waste recycling centres accept liquidpaint. Central government is being ex-
horted by the campaign to specify in 5
percent of government paint contracts
the use of a significant proportion of
remanufactured content.
The process for remanufacturing
paint is labor intensive, Bowtell ex-
plained. So in comparison to production
processes for making normal paint it is
expensive, which could be an obstacle to
finding markets for reused paints. That
is why it is important that industry, gov-ernment, retailers and other stakeholders
have to come together to make the proj-
ect a success.
Despite the relatively high production
costs, industry is investing in waste paint
solutions. One of the countrys leading
waste companies has recently opened a
paint remanufacturing pilot plant. The
circular economy is not only giving a
new meaning to sustainability but dem-
onstrating in the coatings sector how it
can add value to products previously re-garded as waste. CW
The emergence of the circular economy
backed by closed-loop schemes in which
disposal is replaced by reuse is changingconcepts of sustainability...
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International Coatings Scene Latin America
Among the
products
manufactured
in Jandira are
silicone fluids,
emulsion, resinsand rubbers
for a variety of
markets including
coatings,
construction and
automotive.
by Charles W. Thurston
Latin America Correspondent
Wacker Qumica do Brasil recently
named Adriano Magalhes as ex-
ecutive director, taking the place of
Danilo Timich, with responsibility for South
America. Asked about his expectations for
growth, Magalhes told CW that, Recently,
the economic environment in South Americabecame rather difficult, with lower growth rates
in many industry sectors. Still, Wacker was able
to maintain a strong position in selected mar-
kets, and we continue to grow albeit at a single-
digit rate in the region.
Based in Sao Paulo, the company has de-
veloped its Wacker Academy in Brazil as its
technology and product center, with succes-
sive investments to enable the facility to serve
neighboring country markets. Magalhes com-
mented, Over the last years, we have been in-
vesting in our local site and technical center atJandira in Brazil, near So Paulo, to continually
improve our yields and enhance the quality of
our products. Plus, we support our customers
and partners in developing new products and
applications adapted to the regional market
requirements and climatic and environmental
conditions. Our success in this approach proves
us right, as we were able to enter new market
segments and win new customers in spite of the
challenging environment.
Among the products manufactured in
Jandira are silicone fluids, emulsions, defoam-ers, resins and rubbers as well as several per-
sonal care products. Key markets for these
products are the construction, automotive,
coating, pulp and paper industry, the chemical
and the process industry, cosmetics and health
care as well as the power and the electro/elec-
tronic industry.
Future product growth will be more di-
verse, Magalhes suggested: Altogether, South
America remains a promising market for
Wacker. Demand is increasing for our high-
quality products, such as VAE (vinyl acetateethylene) dispersions, dispersible powders and
silicones, and we are further encouraged by the
regions potential in the long run. Thats why
we continue to invest in our local facilities to be
prepared for future growth.
At the August Concrete Show South
America in Sao Paulo, the company touted its
new Vinnapas 5518 H, a dispersable hydropho-
bic powder used in fine skim coat plaster.
In October, at the annual Abrafati show,
Wacker introduced its Silres WH, a silicone res-in emulsion for wood protection coatings that
possesses hydrophobic properties. The emul-
sion, when added to paint or stains, protects
wood outdoors against water and dampness.
Wacker also showed its new Geniosil XT line,
based on silane-modified polyether with a high
density of crosslinkable silyl groups. This line
and represents the first technically equivalent
alternative to conventional polyurethane-based
systems, the company claims. The new poly-
mers are ideal for applications that repeatedly
subject them to dynamic forces, which up tonow required isocyanate-curing polymer sys-
tems, the company adds.
Other new products being marketed are in
the Vinnapas line, including 5518 H a dispers-
ible polymer powder that exhibits great work-
ability, good adhesion to all substrates, greater
flexibility and flexural strength. Another prod-
uct in the line is VINNAPAS Dispersions for
Intumescent Coatings, which provide special
fire protection coatings which encase steel gird-
ers and swell (intumesce) in the event of a fire,
thus delaying the melting or warping of thebuildings supporting structure. CW
New Wacker Brasil Director Targets Growth
Wacker has been investing in its local site and technical
center at Jandira, Brazil.
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International Coatings Scene China
by Arnold Wang
China Correspondent
It is estimated that the coil coatings
output in 2014 is around 540 thou-
sand tons in China, growing by
around 8-11 percent over 2013. But the
fierce competition from upstream coated
metal market, mainly coated steel, is put-
ting more pressure to the coil coatings
producers in China. Currently the coilcoatings market is led by several domes-
tic companies such as Shanghai Zhenhua,
and Wuhan Twin Tiger and several for-
eign companies such as Nippon Paint,
Valspar, Becker, AkzoNobel and PPG.
The domestic coil coatings producers
normally have a closer customer rela-
tionship with local major coated steel
manufacturers. For example, the part-
nership between Shanghai Zhenhua and
Baosteel and the partnership between
Wuhan Twin Tiger and Wugang havebeen formed for many years.
Shrinking real estateindustry led to coil coatingsmarket structure changeThe structure of Chinas coil coatings
market did not change much compared
with 10 years ago, with real estate still
holding the largest share, followed by
automotive and electrical appliances.
Although no institute has reported a pre-
cise number of how big each segment isnow, one thing for sure is that the market
structure has been changing followed the
structure change of the Chinese economy.
The sales of Chinas real estate market fell
by 7.6 percent in 2014, comparied with
a growth rate of 17.3 percent in 2013.
With the quick shrinking of the real estate
market, the market share of coated steel
used for the manufacturing of electric ap-
pliance and automotive will grow. On the
contrary, the market share of coated steel
used for Chinas real estate industry willdecrease accordingly.
Among all the electrical appliance
products, washing machine, refrigerator
and air conditioning consume the most
steel. In 2014, the output of washing
machine decreased by 3.34 percent and
refrigerator decreased by 0.8 percent.
But China air conditionings output in-
creased by 11.5 percent. Because wash-
ing machine and refrigerator consumed
more steel per unit, the total steel usage
of electronic appliances has only smallincrease in 2014. Following the salary
increase of Chinese customers and the
change of Chinese life style, the electri-
cal appliance structure has been chang-
ing rapidly: the reduction of one basic
electric appliance segment means the in-
crease of another new product segment.
In addition, the export of electric appli-
ance increased by 5.2 percent to 58.1
billion U.S. dollars.
So the coil coatings companies who
take advantage of this market trend willcontinue growing in China, but not so
easy as before. They need to put more
efforts developing new technologies to
meet the fast changing customer de-
mand. Nippon Paint is leading the mar-
ket for the coal coatings used for coated
steel used for electrical appliances in
China. This company developed sev-
eral unique coil coatings technologies
which enables its coatings to be used
on plasma color TV, microwave oven
machine and elevator. Besides, foster-ing a strategic relationship with steel
processing producers becomes another
way for some coil coatings producers to
increase their market share under fierce
competition. For example, Nippon
Paint has forged strategic partnership
with Sinosteel Shanghai and Magang
Holding Co., Ltd. To reduce production
cost and increase competitiveness in the
market, Haier chose to forge strategic
alliance with downstream raw material
companies. At the end of September,2015, Hebei steel agreed to acquire 70
China Coil Coatings Industry UnderPricing Pressure from Upstream Market
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International Coatings SceneChina
percent share of Haier Specialty Steel, a
coated steel manufacturer who sells 80
percent of its products to Haier.
More pricing pressure
comes from upstreamcustomersBut the profitability of Chinas coil coat-
ings market has been under enormous
pressure because of overcapacity in the
coated steel market, especially in the
coated steel segment. The coated steels
capacity in China has been surpassed
its demand in recent years, leading to
fierce price war in China domestic mar-
ket as well as in related export markets.
Lacking of a leading brand image in
the international market, the Chinesecoated steel products are mainly export-
ed to Southeast Asian markets, Brazil,
Ukraine and Turkey. Besides, frequent
anti-dumping policies applied by some
foreign countries also worsened the
situation of Chinas coated steel market
from time to time.
It is reported that the utilization
rate of the production lines of China
coated steel is only around 50 percent.
The problem of overcapacity is even
worse in Boxing County, which owns
80 percent of the coated steel capacityof Shandong province and over 30 per-
cent of the total coated steel capacity of
China. Boxing County alone consumes
200 thousand coil coatings a year. But
the concentration of coated steel pro-
duction in one place has not driven
industry escalation in Boxing County
but led to one negative phenomenon:
the price war. The fierce competition in
pricing made some local companies in
Boxing County to choose the low cost
strategy by sacrificing product quality,namely selling coated steel with thinner
steel sheet or thinner coatings film to
their customers. So the image of Boxing
coated steel is tarnished and even the
sales of some companies who insist on
selling quality products are affected.
New technologiesand quality push coilcoatings companies growcontinuously!China coil coatings producers are mainly
located in Shanghai, Jiangsu, Guangdongand Shandong. The leading companies have
been working hard to tackle environment
pressure from stricter regulations, and de-
velop new products to meet new customer
demands. To achieve economy of scale, both
Zhenhua and Twin Tiger have expanded
their production capacity recently. Shanghai
Zhenhua has been growing its market share
from Baosteel to other steel producers by
developing high quality and new coil coat-
ings products to meet customer demand. To
take advantage of the new environmentaltrend, Zhejiang Tiannu Coatings also in-
troduced water based coil coatings into the
market. Although the price pressure from
upstream market is high still, high quality
and new technologies will help both foreign
and domestic coil coatings producers con-
tinuously grow in China. CW
Protection of Trade Secrets-
It's Elemental
*TRADESECRET AUDITS *TRADESECRET VALUATIONS
*INNOVATION PROTECTION *TRADE SECRETLITIGATION
Let us help you protect your intellectual property
and manage your risks.----------------------------------------------------------
300 West Ave. Ste. 1316; Austin, Texas 78701
(512) 472-8282. Email:[email protected]
www.technologylitigators.com
Youve spent years developing your products. Where
would your business be if someone walked off with your
secret formula? Your client lists?Your confidential
business strategy?
At McDaniel and Associates, not only are we skilled in
protecting your trade secrets, but at the core of our business
are scientists who have long been involved in the specialty
chemicals industry. We understand the challenges specific to
our industry and can assist you in safeguarding and
defending the security of your most valuable assets.
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IPaint Protecting the P&C Industrys Intellectual Assets
by Steve McDaniel & Jon Hurt
TechnologyLitigators.com
What do you do if someone mis-
appropriates confidential in-
formation that is not deemed
(ultimately by a court, when push comes
to shove in such matters) a trade secret?
Well, depending upon what state in the
U.S. has jurisdiction in your case, you
may have some options.Almost all states in the U.S. have ad-
opted some version of the Uniform Trade
Secrets Act (UTSA), and the UTSA
preempts you from bringing a common
law or other civil lawsuit regarding trade
secret misappropriation, with an excep-
tion for breach of contract claims. But
state courts are splitting as to whether
other confidential information that does
not rise to the level of a trade secret can
be the subject of a lawsuit based on their
version of the UTSA. Depending upon
the circumstance of the information mis-
appropriation, there have been a vari-
ety of conflicting rulings from one stateto another (e.g., Washington, Nevada,
Ohio, Hawaii, and Utah having pro-UT-
SA preemption rulings, while New Jersey
and Pennsylvania noted for anti-USTA
preemption rulings), and even within the
same state (Im looking at you, California),
as to whether or not the USTA preempts
you from filing a lawsuit for mishandling
of non-trade secret confidential informa-
tion. A recent ruling in Arizonas Supreme
Court flipped the trend in that state to-
ward an anti-UTSA stance, so this issue is
in flux in each state. Hint: you will need
to consult your local attorney to get the
inside baseball for your states recent courtdecisions on this issue.
Your first line of defense to avoid be-
ing caught in the trap of having non-trade
Who Let the State Legislatures Out?
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IPaintProtecting the P&C Industrys Intellectual Assets
secret information misappropriated and
the USTA preempting you from other
lawsuits is to use all the techniques we
have previously described in this series to
side step this issue: keep as much of your
business information providing a com-petitive advantage as is possible strictly
confidential so it is classified as a trade
secret. But of particular note, having
all your non-disclosure/confidentiality
agreements in place that you normally
use to protect trade secrets will be very
useful in showing that the misappropri-
ated information was at least confidential
per a contract agreement. The UTSA
generally excludes claims to breach of
contract, giving you the opportunity to
add