Bayer has successfully enforced its Nativo™ trademark against Viet Duc Ltd., Tan Hiep Town, Tan Hiep District, Kien Giang province, Vietnam. Under their own trademark Natido, Viet Duc sold crop protection products which looked very similar to Bayer CropScience´s Nativo™ rice fungicide. Infringed products have to be withdrawn from the market and will be destroyed. Furthermore, Viet Duc is no longer allowed to use the Natido brand name, and was sentenced to a fine.
“Nativo™ is a very strong brand in Vietnam, and our customers associate our brand with high quality and efficacy,” Torsten Velden, Bayer CropScience Country Head for Vietnam pointed out. “Trademark protection is key to protecting the environment for continued innovation. We are therefore on the constant alert for any activities that infringe our intellectual property rights.”
In February 2012, Bayer requested the Vietnam Intellectual Property Institute (VIPRI) to examine whether the marketing of Natido infringed its trademark Nativo™. After a positive VIPRI conclusion, Bayer filed a petition with Vietnam’s Ministry of Science and Technology (MOST) to enforce and settle VIPRI´s decision. An on-site inspection of Viet Duc´s premises in Kien Giang province together with external counsel and representives of the MOST and the Science and Technology Department in Kien Giang province confirmed the allegations.
Bayer CropScience introduced its fungicide Nativo™ to Asian farmers to overcome the intricacies of rice disease management. Nativo™ is a mixture of two innovative substances, which makes its mode of action both preventive and curative. Farmers benefit from its very broad spectrum of activity, making Nativo™ highly efficacious on a variety of rice disease complexes such as brown leaf spots and paddy blast. Another feature that sets Nativo™ apart from the rest is its positive effect on crop health. This feature has been the stepping stone for the success of this product worldwide.