Bayer CropScience and Janssen Pharmaceutica nv, Beerse, Belgium, have concluded a multi-year research agreement to develop new



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30 April 2009 – Issue 233
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MAJORS DEFEND THEIR RIGHTS 3

BAYER ENFORCES PATENT RIGHTS IN CHINA 3

EUROPEAN NEWS AND MARKETS 4

EUROPEAN AGROCHEMICAL INDUSTRY DEFEATS COUNTERFEITERS 4

ROTAM TO DISTRIBUTE AGFORM FORMULATIONS 5

RESEARCHERS JOIN FORCES TO INVESTIGATE POTATO BLIGHT 5

AMERICAN NEWS AND MARKETS 6

CROP PROTECTION INPUTS CAN SAVE MONEY ON FERTILISERS 6

DU PONT LAUNCHES NEW PRODUCTS IN INDIA 6

SIPCAMADVAN EXITS DISTRIBUTION AGREEMENT WITH CERTIS 6

MONSANTO DONATES COTTON TECHNOLOGY TO THE PUBLIC DOMAIN 7

BAYER LAUNCHES WEBSITE TO SUPPORT APHID CONTROL ON SOYBEANS 7

VITERRA EXPANDS ITS CROP PROTECTION RANGE 7

FIRST QUARTER SALES 2009 9



Dow AgroSciences 9

DuPont 9

Bayer CropScience 9

Syngenta 10

Cheminova 10

FMC 11

BASF 11

SEPTORIA STILL A PROBLEM FOR CEREAL GROWERS 12



New fungicides less sensitive 12

Manufacturers respond 12

THE FOOD MARKET IN TURMOIL 14

OTHER NEWS AND MARKETS 16

GLOBAL MARKET GROWS 16

BAYER INTRODUCES NEW FUNGICIDE 16

BAYER OPENS NEW LABORATORY IN LYON 17

BAYER AND EVOGENE COLLABORATE TO CARRY OUT RICE RESEARCH 17

BAYER INVESTS IN FUNGICIDE PRODUCTION 17

BAYER AND JANSSEN DEVELOP NEW POST HARVEST FUNGICIDES 18

MONSANTO AND DREXEL REACH GLYPHOSATE AGREEMENT 18

INDIAN COMPANY TO LAUNCH EXOSEX 18

NEW APPROACH TO GM 18

ON THE MOVE 19

SipcamAdvan 19

BASF Plant Science 19

BCPC CONGRESS 19

BOOK DISCOUNTS 19

CROP PROTECTION MONTHLY ARCHIVES 20

CROP PROTECTION CONFERENCE CALENDAR 20

LATEST NEWS HEADLINES 20





MAJORS DEFEND THEIR RIGHTS


Monsanto has filed a lawsuit in the federal court in St Louis against DuPont and its wholly owned subsidiary, Pioneer Hi-Bred International to prevent the unlawful use of Monsanto's proprietary Roundup Ready herbicide tolerant technologies in soybeans and corn. “Unlawfully using technology is unethical and wrong,” said Hugh Grant, Monsanto’s CEO. “A true technology company respects patents and its contractual agreements and delivers new products through its own innovation and honest collaboration. DuPont has failed on all counts.”
For several years, DuPont has publicly discussed plans to replace the Roundup Ready trait with its own glyphosate tolerant Optimum GAT trait. However, Pioneer has recently admitted that the Optimum GAT trait when used alone presents unacceptable risks to farmers. In an effort to correct these deficiencies, Monsanto says that Pioneer is misusing the Roundup Ready trait to mask the problems. This violates Monsanto's contract rights and US patents. The lawsuit insists that DuPont honours its agreements and respects patented technologies.
Monsanto says that this is not the first time that it has had to file litigation against Pioneer for breaches of their contractual obligations. In a previous case involving Monsanto's YieldGard Corn Borer trait, it was determined by the court that Pioneer had breached its license and improperly used Monsanto's patented technology. After that case, which Monsanto won, an agreement was reached in which Pioneer was able to continue licensed use of Monsanto's technology. Monsanto is confident that it will be successful again.
DuPont has responded through James Borel, the company’s group vice president, who said: “Monsanto is trying to deny farmers access to alternative technologies. It has a long history of using litigation and aggressive tactics to preserve its monopoly by attempting to intimidate customers, seed partners and competitors. Our Optimum GAT soybeans that include the Roundup Ready 1 trait are better products, and we believe our customers should have the right to plant them. On this issue, we will stand alongside American farmers and fight Monsanto’s efforts to deny them access to competitive products.”
According to Mr Borel the lawsuit incorrectly claims that Pioneer and DuPont may not stack the innovative Optimum GAT trait with any soybeans already containing a Roundup Ready trait. He added: “Monsanto’s so-called stacking restriction is one of many practices that Monsanto engages in to limit the availability of competitive products. In 2008, the US Department of Justice required that Monsanto abandon similar stacking restrictions it imposed on its licensees producing Roundup Ready cotton seed as a condition of its acquisition of Delta & Pine Land.

BAYER ENFORCES PATENT RIGHTS IN CHINA


Bayer CropScience has recently achieved some success in enforcing its patent rights in a Chinese court of law. The court in Wuxi recently ordered the Chinese company Jiangsu Tian Rong Group Ltd. (Tian Rong) to stop selling the crop protection product mefenpyr because of an infringement of patent rights and to pay compensation to Bayer CropScience. Tian Rong unlawfully produced mefenpyr, a safener developed by Bayer CropScience, and sold it to Chinese farmers and customers in other Asian countries. In 2008, Bayer CropScience filed a lawsuit to enforce the rights under its Chinese mefenpyr patent. “The court’s decision sends a strong signal to Chinese companies, warning them against patent infringements of this kind,” commented Dr Ralf-Rüdiger Jesse, head of patents and licensing at Bayer CropScience. “This case shows our commitment to defending our patents worldwide and to preventing the illegal trade of crop protection products.”

Bayer CropScience sells mefenpyr in mixtures with the herbicide fenoxaprop-P-ethyl under the brand name Puma. Products based on fenoxaprop-P-ethyl are registered in over 75 countries worldwide including, alongside China, the US, Canada, Argentina, Brazil, France, Australia and India. The product can be used on wheat, rye, triticale and barley against a wide weed grass spectrum. Bayer says that in the People’s Republic of China, Puma has become the standard for effective weed grass control in cereal crops.





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