On March 14, 2026, the Egyptian Administrative Court ruled in favor of Sun World International, LLC, rejecting a legal challenge against the plant variety protection of its proprietary seedless grape variety Sugrathirteen, with fruit commercially marketed under the registered brand Midnight Beauty®.
The case arose from an invalidity claim by an unauthorized grower in Egypt, who sought to invalidate the plant variety protection certificate granted for Sugrathirteen by the Egyptian Patent Office.
The Administrative Court dismissed the lawsuit as inadmissible, thereby leaving the existing protection in force. In doing so, the Court endorsed the conclusions of an independent technical review conducted by a court‑appointed tripartite expert committee.
The expert committee conducted a comprehensive assessment of the plant variety protection certificate, the supporting technical documentation, and the applicable regulatory framework. It concluded that Sugrathirteen fully satisfies the statutory requirements of Novelty, Distinctness, Uniformity, and Stability (DUS), as mandated under Egyptian Intellectual Property Law No. 82 of 2002.
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"We are very encouraged by the decisions of the court. This ruling demonstrates the relentless efforts of the Egyptian authorities to respect intellectual property law, which benefits not just the Egyptian growers, but the entire industry," said Gerardo Lugo, chief commercial officer at Sun World International. "This decision gives us great confidence to bring our latest varieties and technologies to boost the export potential of Egypt."
Consistent with the committee's findings, the Administrative Court confirmed that:
- The variety was novel at the time of filing in Egypt, with no evidence of prior commercial exploitation within the legally relevant periods;
- The technical basis of the plant variety protection certificate, including reliance on DUS testing conducted in accordance with UPOV standards, was valid and legally acceptable; and
- The grounds advanced to invalidate the certificate were unsupported by credible technical or legal evidence.
In light of these determinations, the Court concluded that the plant variety protection certificate for Sugrathirteen remains valid, enforceable and effective.
This decision reaffirms the strength and reliability of Egypt's plant variety protection regime and highlights the critical role of independent technical expertise in resolving complex varietal disputes.
Importantly, the judgment also validates Sun World's long-standing intellectual property strategy of protecting its proprietary cultivars in accordance with applicable national laws and the principles of the UPOV conventions, reinforcing the legitimacy of its global approach to varietal protection. More broadly, the ruling enhances legal certainty for rights holders and supports continued investment in agricultural innovation and modern plant breeding in Egypt.
For more information:
Sun World International
Tel: +1 (760) 561-5715
https://www.sun-world.com/