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Netherlands: Alleged infringement on plant variety rights seizure at seed company Novisem

On Monday 18 March 2013, a seizure of evidence was carried out at the Dutch vegetable seed company Novisem in Baarlo, the Netherlands, after court approval. The Anti‐Infringement Bureau for IP Rights on Plant Material (AIB) requested the seizure for Novisem’s alleged infringement on Dutch Plant Variety Rights. The seized documentation and other items related to the alleged infringement will be stored by the bailiff and his team until they can be examined by AIB. The court hearing is expected within two months.

Casper van Kempen, AIB’s managing director, pointed at AIB’s mission, which is to stop unauthorized (re)production and selling of vegetable seeds/plants of protected varieties or use of protected product names and logos or packaging material and variety pictures. “Cases like this cost time, but this seizure shows our determination to stop alleged infringements.”

Plant Variety Right (PVR)
The holder of a PVR obtains the right to control the propagation and marketing of the protected variety. Under a PVR any (re)production and selling of seeds/plants of protected varieties is illegal without the prior explicit authorization of the rights holder.

World agriculture and food supply have benefited greatly through vast increases in crop productivity. Plant breeding requires a substantial investment of financial resources. The breeder’s return on this investment, to be able to fund the ongoing process of crop improvement, involves incorporating this cost in the seed sales price.

Protecting plant breeders’ rights ensures that seed companies are rewarded for their investments, which in turn are necessary in order to continue developing new and improved plant varieties.

For more information:
Casper van Kempen
Tel: +31 6 13 29 93 92

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