2012 CIOPORA Chronicle

Successful cases
Due to the aforementioned combination,
the creation of a genetic
data base for protected varieties
which facilitates the rapid and
secure identification of samples in
combination with the system for
tracing products from the originating
plant through to the final
product in the market, we have
recently been able to mount an
efficient defense of the property
rights of our members and customers
with respect to breaches of
their plant breeder rights.
The following are some good
examples:
In Spain, the control of the production
of the protected mandarin
wvariety “Nadorcott”.
In this case, when GESLIVE was
asked by the breeder to manage
its Spanish licenses, we found that
this variety was extended through
numerous regions of Spain and that
many growers and farmers were
reproducing or planting it illegally.
Regarding the impracticability of
starting legal action against such
a large number of individuals and
entities, the only viable strategy
was to invite an increasing number
of these growers to voluntarily
regularise their orchards, and to
support them in marketing their
products under specific labels, while
at the same time moving against
the distribution of fruit from illegal
sources –or, in other words, that
which does not carry such a label.
The result of these actions was
that after four years, 800 growers
Greenhouse trials of new lettuce varieties, Spain.
were legally producing the variety,
involving more than 2 million
plants and 40 traders. 15 million
euros were recovered, which had
originally been considered beyond
our reach.
This same system has been introduced
in other countries where
“Nadorcott” is grown under license
(in Morocco, South America, South
Africa etc.), which has allowed
the breeder both to inhibit illegal
propagation and production and
to detect and intercept exports of
illegal fruit produce to the EU.
The fight against the illegal production
of protected seedless table
grape varieties in various countries
(Spain, North Africa, etc.). In this
case, the production of new high
value varieties of seedless table
grapes has been afflicted of late
by increasing multiplication and
illegal production in a number of
countries. Unfortunately, the legal
procedures in the countries of
origin tend to be difficult, exceedingly
slow and of uncertain outcome.
This has obliged the breeders
to adopt a meticulous system of
licensing together with systems
for identifying legitimate products
in the market, involving tracking
them from authorized orchards set
up under license. These tools have
made it possible to detect a number
of fruit dispatches from illegal
producers, in many cases identified
by customs and required to be
legalised.
Due to these actions, European
retailers have also become increasingly
aware of the importance of
collaborating with the breeders and
respecting their intellectual property
rights, as the only way of assuring
the added value from the new
varieties of fruit and flowers. |||
* Mr Antonio Villarroel is a lawyer
and general manager of GESLIVE,
A.I.E.
CIOPORA Chronicle April 2012 | www.CIOPORA.org 49