Regulatory RoundupNationalBayer Amends Patent Infringement LawsuitBayer CropScience has amended its patent infringementlawsuit pending in the United States District Court for theDistrict of Delaware against Dow AgroSciences, followingDAS’s announcement that it has applied for approval tolaunch a three-gene herbicide tolerant soybean under theDow Enlist brand name. Bayer’s existing suit asserts thatDAS’s previously announced Dow Enlist brand of corn,soybeans and cotton infringe Bayer’s 2,4-D herbicidetolerance patents. In the amendment, Bayer claims thatDAS’s newly announced products also infringe severalBayer patents covering glyphosate-tolerant plants. Thiscomplaint now seeks a permanent injunction both againstDAS’s unauthorized use of the company’s 2,4-D herbicidetolerance patents and Bayer’s glyphosate tolerance patents.“Respect for intellectual property is the foundation for anyresearch-based business,” says Margaret Keating, associategeneral counsel for Bayer CropScience, “and we intend tovigorously enforce our property rights.”DuPont Receives Two EPA Registrations for CornProductsDuPont business Pioneer Hi-Bred has approval from the U.S.Environmental Protection Agency for Optimum AcreMaxand Optimum AcreMax Xtra insect protection products incorn. Optimum AcreMax marks the industry’s first U.S.approval of a single-bag integrated refuge product thattargets only above-ground insects. Both Optimum AcreMaxand Optimum AcreMax Xtra products integrate all of a CornBelt grower’s refuge needs into a single bag. “We are excitedto offer corn growers the broadest line-up of simplified,integrated refuge products in the industry,” said Paul E.Schickler, president of Pioneer. “Optimum AcreMax andOptimum AcreMax Xtra products from Pioneer will not onlyhelp growers maximize corn yields but preserve valuablein-plant insect protection for the future.”Syngenta Receives Import ApprovalsSyngenta in North America has received import approvalfrom Japanese and Mexican regulatory authorities for theAgrisure Viptera 3220 trait stack, which offers corn growersdual modes of action against a broad spectrum of abovegroundinsects, including corn borer, as well as a five percentrefuge in the Corn Belt region of the United States. Theseregulatory approvals allow the importation of U.S. corn grownwith the Agrisure Viptera 3220 trait stack for food or feed usewithin Japan and Mexico. “Japanese and Mexican importapprovals provide U.S. growers access to a highly valuablemarket and are a major step toward Agrisure Viptera 3220trait stack commercialization for the 2012 growing season,”says David Morgan, Syngenta’s North American regionaldirector and president of Syngenta <strong>Seed</strong>s Inc.Syngenta Agrisure Trait Stack Approved by EPAThe U.S. Environmental Protection Agency has grantedregistration approval for Syngenta’s Agrisure 3122 traitstack. The Agrisure 3122 stack offers growers dual modesof action against both corn borer and corn rootworm, with astructured refuge of only five percent in the Corn Belt regionof the United States. The Agrisure 3122 trait stack includesthe Agrisure CB/LL trait, which has been helping to protectcorn from European corn borer for more than 10 years; theAgrisure RW trait, which protects against corn rootworm; theHerculex I trait for corn borer; the Herculex RW trait for cornrootworm; and the Agrisure GT trait for glyphosate tolerance.InternationalEuropean Court of Justice Rules French Banon GM Crops IllegalThe European Court of Justice has judged the French ban onthe cultivation of genetically modified crops to be illegal. TheECJ ruling has confirmed the arguments raised by Frenchfarmers and seed companies that the 2008 French governmentorder suspending MON810 use by French farmers did notfollow applicable procedural regulations. In addition, the ECJindicated that emergency measures can be invoked only whenthere is a clear and serious risk to human health, animalhealth or environment, but this was not the case when theFrench government initially acted. EuropaBio views the Court’sjudgment as a sign of progress. “The European Court of Justicehas given a clear verdict today: EU member states cannotban GM based on myths and hearsay. In fact, French farmershad three years of experience planting GM crops prior to thisban,” says Carel du Marchie Sarvaas, EuropaBio’s directorof green biotechnology. “European scientists have shownagain and again that GM crops pose no risk to health or theenvironment and, in fact, have health, socio-economic andenvironmental benefits. After all, they are grown on nearly150 million hectares worldwide by over 15 million farmers,90 percent of whom are resource-poor farmers working indeveloping countries.”EU Backs Right to Ban GM CultivationEuropean Union member states should have the flexibility toban or restrict the cultivation of genetically modified cropsand should be able to cite environmental motives for doingso, according to members of the European Parliament whorecently voted on draft legislation. The draft amendmentto existing legislation will now go to the council for furtherdiscussion. “I am pleased that parliament has reached anagreement on the difficult issue of GMOs, which has been anissue of public concern for years. If the council manages tofind a common position, this balanced agreement will allowcountries and regions the right to not grow GMOs if they so30 <strong>Seed</strong> <strong>World</strong>
choose,” says the parliament’s rapporteur Corinne Lepage.Only one strain of GM maize and one modified potato arecurrently authorized for cultivation in the EU and most memberstates do not grow either crop commercially.Peru Accedes to the UPOV ConventionPeru has acceded to the UPOV Convention and will become theseventieth member of the International Union for the Protectionof New Varieties of Plants on August 8, 2011. The purpose ofthe UPOV Convention is to encourage the development of newplant varieties by granting breeders intellectual property rightson the basis of a set of clearly defined principles. To be eligiblefor protection, varieties need to satisfy certain conditions, suchas being distinct from existing, commonly-known varieties andsufficiently uniform and stable. The development of new plantvarieties is one of the most powerful tools to enhance foodproduction sustainably, to increase income in the agriculturalsector and to contribute to overall development. UPOV is anintergovernmental organization based in Geneva, Switzerland.Kenya to Allow GM Crop ImportsKenya’s Cabinet has approved the importation of geneticallymodified maize as it seeks to curb a food shortage ravagingmost parts of the country. The move makes Kenya the firstcountry in the region to allow GM crops into the market forhuman consumption. Kenya is the most advanced country inthe region in terms of GM research and biosafety protocols,and analysts expect that the country’s experience in handlingGM crops in the market will be used as a model for otherneighbouring countries to refine their own biotechnologicalpractices. The brief from Kenya’s presidential press unit statesthat “only millers will be allowed to import GM maize, whichwill only be used for processing into flour.” The brief alsostated that “no GM maize should be used as seeds underany circumstances.”UPOV Technical Working PartyThe International Union for the Protection of New Varieties ofPlants recently held the 45th session of its Technical WorkingParty for Vegetables in Monterey, Calif. The session included apreparatory workshop, which gave a general overview of UPOV,including its structure and project completion strategy. Oneof the session’s focuses was intellectual property protection.Jerry Vosti, an account manager for Nunhems USA who hasbeen working in the lettuce and spinach industry for more than35 years, says intellectual property protection is especiallyimportant because it is so difficult to protect genetics inthe lettuce seed industry. “There is an enormous amountof competition out here and the fact that lettuce is openpollinatedmakes IP protection and enforcement a criticalbusiness component,” says Vosti. “Anything that can be doneto strengthen PVP laws and help companies’ ability to protecttheir investments is a good thing.”Regulatory RoundUp keeps you informed ofissues at the international, national and statelevels that affect your business—from recentregulatory changes to new issues that are at theforefront of the seed industry.OCTOBER 2011 31
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