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  • FMC Corporation takes legal action against patent violators in India, interim injunction granted by High Court

    Published on December 21, 2018

    Hyderabad: FMC Corporation, an agricultural sciences company, has filed a patent infringement suit against two local pesticides formulators. The suit was filed for infringement of patent rights in India covering FMC’s innovative molecule Chlorantraniliprole (brand name “Rynaxypyr®”).  On Monday, December 17, the Delhi High Court granted FMC an interim injunction against the companies and their principals.  The interim injunction restrains these companies and their principals from manufacturing and/or selling any product which contains Chlorantraniliprole or is violative of FMC’s patent rights.

    Chlorantraniliprole is sold by FMC in India as the active ingredient in Coragen® insect control and Ferterra® insect control, well-known products trusted by farmers that are approved for controlling pests on rice, sugarcane, vegetables, maize as well as other important crops. Rynaxypyr® active ingredient is also recognized for its favorable safety and environmental profile, which has earned it a green label from the regulatory body in India.

    FMC has reason to believe that these companies are procuring the technical product from illegal sources for their infringing and illegal formulations, which could significantly harm the farming community.  As per the India Insecticides Act of 1968, companies cannot source their product’s active ingredients from sources other than those approved by regulators.  Due to harm caused by these illegal and infringing products to FMC and to Indian farmers, FMC is seeking injunctive relief to stop sales of the defendants’ products, as well as other damages.

     “FMC Corporation invests heavily in research and development to bring new innovations to farmers.  We are deeply committed to ensure that farmers are using genuine crop protection products that are recognized and approved for use by India regulators,” said, Pramod Thota,  President, FMC India.  “FMC has not authorized any formulator in India to use its name as the supplier of Chlorantraniliprole, and we will pursue all appropriate measures as permitted under Indian laws to aggressively defend FMC’s intellectual property and safeguard farmers’ interest.”

    A research report from the Federation of Indian Chambers of Commerce and Industry (FICCI) found that 25 percent to 30 percent of pesticides sold in India are illegal or counterfeits, causing significant harm to Indian farmers.