Proving that patents are very important in China, Bayer CropScience says it has filed a lawsuit against the Chinese company Jiangsu Tian Rong in an intermediate court in Jiangsu to enforce rights under its Chinese Mefenpyr patent.
Christophe Dumont, head of the Strategic Business Entity Herbicides, commented in a press statement, "Strong patent protection is the basis for our innovation power. Therefore, we are determined to further enforce our patent rights against illegal producers in China with all the legal remedies at our disposal. Without the protection of patents, innovation is all but impossible. Hence we recognize the efforts being made by the Chinese government to establish clear rules and regulations for the recognition of intellectual property rights."
Bayer CropScience claims that the defendant unlawfully produced Mefenpyr in mixture with Fenoxaprop-P-ethyl and sold the product to local farmers as well as to customers in other countries in Asia. Mefenpyr is a proprietary Bayer CropScience safener additive. Safener are added to herbicides to protect crops by ensuring the rapid degradation of the herbicidal substance in crop plants. Mefenpyr is marketed in mixtures with the herbicidal active ingredient Fenoxaprop-P-ethyl under the brand name Puma and is under patent protection in China and many other countries.
China is one of the fastest-growing markets in the world and Bayer CropScience is systematically expanding its involvement in the country. Bayer CropScience says it is fully committed to Product Stewardship in line with the principles of Sustainable Development and the responsible use of its products.
Dr. Ralf-Rüdiger Jesse,head of Patents & Licensing at Bayer CropScience, said, "We are confident of success in this case because based on Chinese law not only the manufacturing but also the export is prohibited for active ingredients still under the protection of valid patents."