Legal victory over bullying Bayer 1 June 2004
Friends of the Earth has won an important legal battle against biotech giant - Bayer Crop Science Ltd.
The victory finally allows us to tell you how to get hold of scientific test data that Bayer wanted to keep secret.
History of the case
The scientific data in this case relates to a pesticide - Glufosinate Ammonium - which is used around the world and which Bayer intended to use on GM maize.
Bayer originally sent the data to the Department of Environment, Food and Rural Affairs (DEFRA) to show that its pesticides were safe for people and the environment.
- 2000
Friends of the Earth asks DEFRA for test data. DEFRA agree only after Friends of the Earth legal threat. - September 2001
Bayer takes DEFRA to court citing "commercial confidentiality" and blocks the release of the data to us. - 2002
Friends of the Earth obtains some data from regulators in Sweden and the US. - 2003
Friends of the Earth obtains some more data from Danish regulators. - July 2003
Friends of the Earth tells Bayer it will tell the public how to do the same. - October 2003
Bayer takes us to court - and applies for an injunction trying to ban us from telling you:
- the data is available from other regulators.
- we had copies of the data.
- the names of any of Bayer's studies.
- how to get the data yourself.
We felt there was no legal basis at all for Bayer's claim of commercial confidentiality and that it was a simple attempt at legal bullying. We refused to back down.
- June 2004
Bayer finally caves in and gives us a legally binding agreement not to sue in the future.
What Bayer didn't what you to see
Bayer have asked us to put the notice below on our website when mentioning these reports. If you want to know what it means - give Bayer a call on 01223 870312 or email [email protected] and ask them.
Please note that the owner of the data retains proprietary rights in respect of information contained in documents obtained from regulatory authorities which also may be subject to copyright protection and other intellectual property rights (including the protection of confidential information). Making further copies, distributing or publishing the documents whether for commercial purposes or otherwise, or permitting or assisting any third party to do so, outside the terms of relevant national legislation (being the national legislation of the country in which the copy documents have been obtained or received) may give rise to criminal or civil liability.
