22 September 2004 LAWFUEL – Best law, attorney, law firm, legal, law research site Syngenta, a world-leading agribusiness, has successfully enforced one of its chemical patents through infringement litigation in China. An agreed settlement was signed with two defendants last week which has the backing of the Nanjing Intermediate People’s Court. International law firm Freshfields Bruckhaus Deringer advised Syngenta on the action.
Syngenta filed a patent lawsuit in April 2004 in the Nanjing Intermediate People’s Court against two Chinese chemical companies for infringement of its Chinese patent on Thiamethoxam, a new generation insecticide developed and introduced by Syngenta in 1998. Under the terms of the settlement agreement approved by the court, the defendants agree to immediately cease offering Thiamethoxam for sale and have admitted that their offering Thiamethoxam for sale constituted an infringement of Syngenta’s patent rights under Chinese law.
In addition, the defendants have undertaken to respect Syngenta’s patent rights and not to engage in any further infringement of such rights in the future. This includes deleting all information relating to Syngenta’s patented Thiamethoxam posted on websites that they operate and that they will no longer produce, offer for sale or sell Syngenta’s patented Thiamethoxam. The defendants have issued a written apology to Syngenta and have agreed to compensate Syngenta for its economic loss. The two defendants will also bear the court fees.
Robert Thibeault, legal counsel at Syngenta, commented, ‘Syngenta is on constant alert for any activities that infringe its intellectual property rights and will vigorously pursue all administrative and legal remedies against those who violate its intellectual property rights. Syngenta believes that by doing so, it can best ensure the quality of its products and thereby protect the interests of farmers in China and other countries’.
Freshfields Bruckhaus Deringer partner Connie Carnabuci, and senior associate Justin Davidson, advised Syngenta. Ms Carnabuci commented, ‘It is a great result for Syngenta and highlights the seriousness of patent infringement in the eyes of the People’s Court. It is an encouraging case for multinationals seeking to enforce their Chinese intellectual property rights and demonstrates that successful results can be achieved through the courts in China’.