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Crackdown on counterfeit and inferior pesticides: Hunan rules two cases of suspected infringement of FMC patented Metamifop products
Jan. 21, 2020
In June and December 2019, the People’s Court of Yuanjiang City in Hunan Province of China gave its ruling on two cases of suspected production and the sale of counterfeit and inferior pesticide products. The pesticides involved in the cases contained Metamifop, a patented active ingredient of FMC.
From April 2017 to April 2018, the defendant, Tie Xgang, legal representative of Zhengzhou YT Chemical Co., Ltd., in collusion with defendants, Xin Xzhong, assistant to the general manager of the company, and Zhao Xgang, a sales clerk of the company, illegally produced a series of pesticide spreaders containing Metamifop, patented by FMC after purchasing illegal technical material from Liu X and Sui X (tried in a separate case) without having obtained the pesticide production license, pesticide standard certificate and agricultural registration certificate from the national agricultural authorities.
Seized illegal factory
The three defendants sold the spreader with the “LR Times” containing 10% cyhalofop-butyl produced by the company in a bundling way to defendants, Bu Xwei and Peng Xzhi (pesticide distributor), Chen Xhong (already sentenced), Tang Xfu and Ge Xke (tried in a separate case). The amount in connection with the production and sale reached 1.58 million yuan, including 935,000 yuan from the production and sale of counterfeit pesticides.
Seized illegal products
Defendants, Bu Xwei and Peng Xzhi (pesticide distributor), already knowing that the series of pesticide spreaders containing Metamifop produced by Zhengzhou YT Chemical Co., Ltd. were counterfeit pesticides, still bought and sold them intentionally. The court ruled that all the defendants involved in the case were guilty of producing and selling counterfeit and inferior products as follows:
1. The defendant, Tie Xgang, guilty of producing and selling counterfeit and inferior products, is sentenced to a fixed-term imprisonment of three years with a probation of three years, and has to pay a fine of 200,000 yuan.
2. The defendant, Xin Xzhong, guilty of producing and selling counterfeit and inferior products, is sentenced to a fixed-term imprisonment of two years with a probation of three years, and has to pay a fine of 80,000 yuan.
3. The defendant, Zhao Xgang, guilty of producing and selling counterfeit and inferior products, is sentenced to a fixed-term imprisonment of two years, and has to pay a fine of 80,000 yuan.
4. The defendant, Bu Xwei, guilty of producing and selling counterfeit and inferior products, has to pay a fine of 76,000 yuan.
5. The defendant, Peng Xzhi, guilty of producing and selling counterfeit and inferior products, has to pay a fine of 57,000 yuan.
6. The illegal gains of 935,000 yuan returned by the defendant, Tie Xgang, 152,000 yuan returned by the defendant, Bu Xwei, and 100,000 yuan returned by the defendant, Peng Xzhi, to the branch bureau directly under the Yiyang Public Security Bureau, have been confiscated and turned over to the state treasury by the branch bureau directly under the Yiyang Public Security Bureau; the counterfeit and inferior products seized by the branch bureau directly under the Yiyang Public Security Bureau shall be destroyed by the branch bureau.
In another case, the defendant, Chen XX, already knowing that the fenoxaprop-ethyl spreaders produced by "Henan Zhengzhou XX Chemical Co., Ltd." was a counterfeit pesticide, still bought fenoxaprop-ethyl spreaders from a sales clerk of Zhengzhou XX Chemical Co., Ltd. for sale, with sales exceeding 50,000 yuan. In light of this fact, the court ruled that the defendant, Chen XX, is guilty of selling counterfeit and inferior products and will have to pay a fine accordingly.
As we all know, counterfeit and inferior pesticide products seriously infringe the rights and interests of producers and legitimate enterprises. After the promulgation and implementation of the new "Regulations on Pesticide Management", the laws and regulations regarding pesticide regulation in China were further improved, with more importance on law enforcement and the punishment of illegal acts. All the people in the industry must strictly abide by the laws and regulations, and anyone who attempts to produce and sell counterfeit and inferior pesticide products infringing patent of others is bound to be severely punished according to the law.
Metamifop is still in its term of patent, and FMC will continue to maintain and strengthen the protection of its patent right.
Source: FMC
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