In the ongoing dispute over breeder's rights for growing the Nadorcott variety, CitroGold posted on their website that despite a letter written by the Registrar of
Plant Breeders’ Rights and dated 27 January 2016,
which brought into question the right of South African Plant Breeders to cultivate the Nadorcott variety. Citrogold would like to clarify that the breeding right is still valid.
The process is currently ongoing and only an adverse finding at the end of proceedings, as set out in the Plant Breeders Rights Act, 15 of 1976 can change that. Moreover, the same question is currently the subject of an action in Western Cape High Court in Cape Town, case number 17606/14. On 27 March 2015, the Registrar was informed of this court action and it was proposed that the Registrar’s investigation, which was incomplete at that stage, be suspended pending the outcome of the court action in order to avoid a multiplication of issues and legal confusion.
Had Citrogold and NCP been made aware of the Registrar’s intentions to proceed with her investigations in parallel with the court action, they would have taken the opportunity to find out which procedure takes priority, or they would have presented the Registrar with important information that would have assisted her in conducting the investigation being led by her office.
Gerant de Nadorcott Protection SARL (NCP), together with Citrogold, will formally oppose any procedure that aims to terminate the Registration of the PBR for the Nadorcott in South Africa.
For more information, please visit www.citrogold.co.za.