Bayer CropScience wins patent case in Jiangsu

Bayer CropScience AG is celebrating its victory in a patent infringement dispute with two Chinese companies.

"Without the protection of patents, innovation is all but impossible," said Christophe Dumont, head of strategic business for herbicides for Germany's Bayer CropScience.

"Hence, we recognize the efforts being made by the Chinese government to establish clear rules and regulations for the recognition of intellectual property rights," Dumont said.

Bayer CropScience in 2008 filed a lawsuit against two Chinese crop protection product producers, Jiangsu Tianrong Group and Yixing Huadong Agro-Chemical Co. The lawsuit was filed in Wuxi Intermediate People's Court in Jiangsu province.

In the case, Bayer CropScience alleged the defendants unlawfully produced Mefenpyr-diethyl, a "safener" developed by the German company.

Bayer CropScience said the companies sold the products illegally to local farmers, as well as to other customers in other Asian countries.

Safeners are added to herbicides to protect crops by ensuring the rapid degradation of herbicidal substances in crop plants. The safeners accelerate their degradation to prevent damage to the plants.

It can be used on wheat, rye, triticale and barley against a wide weed-grass spectrum, including wild oats, foxtails and black grass.

Mefenpyr-diethyl is a proprietary Bayer CropScience safener additive. Bayer sells its patented Mefenpyr-diethyl products around the world in combination with Fenoxaprop-P-ethyl and other active ingredients to protect crops.

In January, the Wuxi Intermediate People's Court ruled in favor of Bayer CropScience. But the two defendants appealed the decision to Jiangsu High Court in March.

Recently, the Jiangsu provincial court issued a final decision affirming the first judgment in Bayer CropScience's favor. The two Chinese companies were ordered to stop infringing the intellectual property rights of the German company.

In addition, according to the statement from the court, the defendants were ordered to publicly apologize and pay compensation to Bayer CropScience.

The two defendants did not comment on the case.

"We are very happy with the settlement. The counterfeiting was harmful to our business in China, as the two defendants do not only manufacture but also export the counterfeited products to a large range of countries in Asia," said Ralf-Rudiger Jesse, global head of patents and licensing at Bayer CropScience.

"The case showed our commitment to defend our patents worldwide, and that we take the defense of our patents seriously," Jesse said.

Bayer CropScience won an earlier patent infringement case against Jiangsu-based Darui Chemical Co Ltd, involving another of the company's crop protection products.

Dumont said Bayer CropScience will maintain a high level of investment in research and development to offer Chinese farmers modern crop protection solutions that meet local needs.

Bayer CropScience, a subsidiary of Bayer AG with annual sales of about 6.4 billion euro, is a leader in crop protection, non-agricultural pest control, seeds and plant biotechnology products.

(China Daily 11/30/2009 page9)