Bayer CropScience has successfully enforced its European Patent for imidacloprid against a number of agrochemical suppliers within the European Union and against a generic manufacturer based in China.
Action was taken by Bayer CropScience against the following companies: Agropharm Ltd. (United Kingdom), Roots Ingenieros (Spain) and Eastsun Chemical Co. Ltd. (China). The infringers, who unlawfully sold imidacloprid produced in China to customers within the European Union and elsewhere, all settled out of court. They agreed to pay Bayer CropScience financial compensation in respect of their infringing activities and also in relation to Bayer CropScience’s legal costs.
The case shows Bayer CropScience’s commitment to defend its intellectual property rights and sends a strong signal to infringers. The case is notable for the fact that Bayer CropScience was successful in penetrating the entire supply chain from the manufacturer of the infringing product in China through its distribution chain in the European Union and on to the actual end customers and individual users.
Strong patent protection is the basis for Bayer CropScience’s high level of innovation. The company is therefore on constant alert for any activities that infringe its intellectual property rights including patents, trade marks and copyrights.
The active ingredient imidacloprid was developed by Bayer CropScience and belongs to the chloronicotinyl class of insecticides. Imidacloprid is the most successful insecticide worldwide, protecting more than 140 crops against many sucking insects in over 100 countries.