TRADE MARK LAW
Safener must be interpreted as ‘product’ and ‘active substances’ in ABC-Vo if the substance has a toxic, phytotoxic or plant protection action of its own.
"45. It follows from all the foregoing considerations that the answer to the question referred is that the term ‘product’ in Article 1.8 and Article 3(1) of Regulation No 1610/96, and the term ‘active substances’ in Article 1.3 of that regulation, must be interpreted as meaning that those terms may cover a substance intended to be used as a safener, where that substance has a toxic, phytotoxic or plant protection action of its own."
IPPT20140619, CJEU, Bayer v Patent und Markenamt
C-11/13 - ECLI:EU:C:2014:2010