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Bayer wins in French courts on patent infringement

Bayer CropScience has won a court case with damages in France against three companies for trade mark infringement in an intended abuse of EU parallel trade rules. A ruling by the Lille District Court in 2012 was later upheld by the Court of Appeal of Douai against UK company Goldengrass, and French companies Societe Industrielle de Produits Chimiques and Roch Packaging. Goldengrass had obtained the parallel import licence in the member state of import on the premise that it would be introducing an original Bayer product from another member state. A Goldengrass product, Golden Ethefon (ethephon), seized at the premises of Roch Packaging was found to be a non-original product of illegal provenance, in breach of the licence conditions. Unauthorised marking of the product with a Bayer name would lead the public to believe, erroneously, that it was a product manufactured by Bayer, the Court pointed out.

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