The proceedings concerned a claim for infringement of Patent No. 1928 granted in 1997. Bayer SAS, the owner of the patent believed An Nong Co., Ltd infringed its patent rights basing on an assessment of the National Office of Intellectual Property.
At the first instance, on June 9, the Defendant, An Nong Co., Ltd argued that the active elements claimed in the Plaintiff’s patent registration, when translating from English into Vietnamese, were not conformity with the 2010 standards of the Directorate for Standards, Metrology and Quality of Vietnam. These active elements do not exist in fact. Therefore, the Defendant held that its pesticide products had not infringed the Plaintiff’s patent rights. In addition, the Defendant also requested another assessment from the competent authority to re-confirm the act of infringement.
The people’s court of Long An province postponed the hearing upon the Defendant’s request.
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