Anti Counterfeiting & Intellectual Property
Counterfeiting
Counterfeiting is a dangerous and growing problem for all industries, including the plant science industry. Counterfeiting of plant science products brings to bear a range of negative effects for the industry, farmers and the environment.
These negative impacts of counterfeit pesticides include:
- Economic ruin for the farmer; potential loss of harvest due to use of an ineffective counterfeit.
- Discouragement to honest local entrepreneurs from investing in legitimate product development.
- Hampering of investment, employment, technology transfer and tax revenues.
- The potential harm to the environment as counterfeits are not tested for safety (whereas legal products are extensively tested before they are authorized and fulfill strict requirements).
- Risk that buyers of export crops will boycott crops treated with counterfeit pesticides thus posing an economic risk to countries relying on export crops.
The effect of counterfeiting is that it could eliminate the incentive for plant science companies to continue to invest considerable time and money in the development of new technologies that can help assure global food security and alleviate hunger and poverty. Furthermore, counterfeit pesticides risk the health and safety of workers and farmers.
The plant science industry is committed to innovation and delivery of state-of the-art products to the world’s farmers, and thereby increase food security and encourage social development. We work with police, customs and regulators for the implementation and enforcement of intellectual property rights to ensure that only authentic crop protection products are traded and used in a safe, responsible manner.
Anti-Counterfeiting: Third Party Publications
| Third party publications dedicated to counterfeit and illegal pesticides: | Third party publications on legitimate delivery supply chains avoiding counterfeiters: |
|---|---|
| Global: Illicit Pesticides, Organized Crime and Supply Chain Integrity₁ United Nations Interregional Crime and Justice Research Institute (UNICRI) | Global: Roles and Responsibilities of Intermediaries, Fighting Counterfeiting and Piracy in the Supply Chain₇ International Chamber of Commerce (ICC), Business Action to Stop Counterfeiting and Piracy (BASCAP), pages 26, 32, 39 -41 |
| Global: Report of the OECD Seminar on Risk Reduction Through Prevention, Detection and Control of the Illegal International Trade in Agricultural Pesticides₂ Organization for Economic Co-operation and Development (OECD) | Global: The Roles and Responsibilities of Ocean-going Transportation Intermediaries in the Distribution of Counterfeit Goods₈ School of Criminal Justice, Michigan State University |
| EU: Ad-hoc study on the trade of illegal and counterfeit pesticides in the EU₃, (executive summary) Submitted to the European Commission, DG Health & Food Safety | Global: US Government Joint Strategic Plan on Intellectual Property Enforcement (FY2017 – 2019) The Office of the IPR Enforcement Coordinator, Executive Office of the President, pages 38, 111 – 113 |
| Ukraine: Counteraction to Counterfeit and Contraband Pesticides, Methodology₄ Organization for Security and Co-operation in Europe (OSCE) within the Environmental and Security Initiative (ENVSEC) | Global: Declaration of Intent₉ to prevent the maritime transportation of counterfeit goods₁₀ International Chamber of Commerce (ICC), Bascap (Business Action to Stop Counterfeiting and Piracy), brand owners, and maritime transport industry |
| India: Study on Sub-Standard, Spurious/Counterfeit Pesticides in India₅ Federation of Indian Chambers of Commerce and Industry (FICCI) | |
| EU: The Economic Cost of IPR Infringement in the Pesticides Sector₆ European Union Intellectual Property Office (EUIPO) |
Reference:
- Illicit Pesticides, Organized Crime and Supply Chain Integrity
- Report of the OECD Seminar on Risk Reduction Through Prevention, Detection and Control of the Illegal International Trade in Agricultural Pesticides
- Ad-hoc Study on The Trade of Illegal and Counterfeit Pesticides in The EU
- Counteraction to Counterfeit and Contraband Pesticides, Methodology
- Study on Sub-Standard, Spurious/Counterfeit Pesticides in India
- The Economic Cost of IPR Infringement in the Pesticides Sector
- Roles and Responsibilities of Intermediaries, Fighting Counterfeiting and Piracy in the Supply Chain
- The Roles and Responsibilities of Ocean-going Transportation Intermediaries in the Distribution of Counterfeit Goods
- Declaration of Intent to Prevent The Maritime Transportation
- Counterfeit Goods
Intellectual Property
Agricultural innovation plays a key role in driving long-term agricultural productivity, rural development, and environmental sustainability by encouraging innovation and the creation of new solutions. To this end, innovation needs to be encouraged, supported, and protected.
The plant science industry is one of the world’s most research and development-intensive industries. It ranks in the top four global industries in terms of percentage of sales invested in research and development. For example, the industry’s top 10 companies invest approximately 7.5 percent of revenues into the research and development of cutting edge products in crop protection, non-agricultural pest control, seeds and plant biotechnology. All of these products aim to improve sustainable agricultural production.
Therefore, the adherence to Intellectual Property Rights (IPR) is an essential basis for innovation and progress in the plant science industry.
- Intellectual property protection is necessary to encourage continued investment in research and development, and to ensure the plant science industry maintains its strong innovative base.
- Patents form the cornerstone of intellectual property protection.
- The protection of regulatory data and confidential business information for both crop protection and biotechnology inventions are important to support innovation and development.Our industry is committed to sustainable agriculture through innovative research and technology, and through continual improvement of existing products.