Two of the three businessmen who had been accused of reproducing, marketing, and selling tomato seeds that were legally protected by copyright and plant variety rights, were sentenced to three months in prison. A third person was acquitted.
During the hearing at the Criminal Court No. 5, the prosecution withdrew its accusation against the third businessman, and reduced the sentences of the other two from six to three months in prison for an offense against intellectual property.
This judge accepted this motion and sentenced the men to three months in prison plus a four-euro per day fine for six months.
However, the judge agreed to suspend their sentences, if they paid another six month fine, of four euro per day.
According to the prosecutor, the accused men were the legal representatives and managers of two different companies devoted to the marketing and sale of agricultural products who own greenhouses in the towns of San Isidro and Campohermoso.
The prosecution said the men were accused of preparing and planting legally protected plant varieties, reproducing them, and illegally selling them to third parties.
After a complaint, the Civil Guard inspected the greenhouse companies of the defendants in San Isidro and Campohermoso on August 9, 2012.
There, they found "numerous tomato seedlings belonging to plant varieties that were legally protected."
The prosecutor contended that the defendants lacked "any consent for the production, packaging, or marketing of the plants by the holders of the respective rights and that the accused were aware that these tomato varieties were legally protected as such and registered."
During the hearing, the third party accused, who was acquitted, pleaded not guilty to the charges and an officer of the Civil Guard stated that they hadn't found any evidence of wrongdoing in his greenhouse.
Source: EFE