Syngenta obtains UPC injunction against Sumi Agro for herbicide

The UPC Munich local division issued a clear injunction in the dispute between two companies from the plant protection industry and upheld the patent. The judges also commented on the two-month deadline for urgency.

The Munich local division has granted Syngenta a preliminary injunction against Sumi Agro. Presiding judge Matthias Zigann, judges Walter Schober, Tobias Pichlmaier and technically qualified judge Xavier Dorland-Galliot ruled that Sumi Agro infringed patent EP 2 152 073. The patent protects a herbicide composition. They also considered the patent sufficiently valid (case ID: UPC_CFI 201/2024).

Sumi Agro could still appeal the decision. Furthermore, proceedings on the merits are running in parallel.

In and outside UPC territory

Claimant Syngenta had initially analysed a sample of Sumi Agro’s crop protection product Kagura, sold in the Czech Republic, and filed a patent infringement complaint. Somewhat later, Sumi Agro also began distributing the product in other countries, including Germany. Syngenta then filed a lawsuit at the UPC.

At the same time, the parties intensively discussed their different interpretations of the patent. The Munich local division was sufficiently convinced there is an imminent danger that the claimant’s right will be infringed, in particular in Germany and Bulgaria.

In their decision, the judges also commented on the safe harbour period for urgency in cases. According to their reasoning, “In the absence of guidance from the CoA, the local division Munich sets this safe harbour period at 2 months for cases involving more than one participating member state and where the applicant requests a prior hearing of the respondent. However, if the applicant exceptionally requests provisional measures without prior hearing of the respondent, no safe harbour time limit is to be provided.”

The judges stated that if more than one country is involved, the time limit must also be longer than one month.