Star Fruits

Success of ‘Cripps Pink’ / Pink Lady® apple program and essentially derived varieties in the EU

‘Cripps Pink’ and its two selected natural mutations ‘Rosy Glow’ and ‘Lady in Red/Sekzie’, are very well-known apple varieties in Europe. With more 5,550 ha planted already, their production will continue to grow in the future with 6,500 expected by 2022, including full replacement of original plantings and permanent on-going evaluation and developments in new territories.

In a press release, the French company Star Fruits stresses that only these three varieties are approved internationally to be sold to consumers under the Pink Lady® brand, a trade mark owned by Apple and Pear Australia Limited ("APAL”) in more than 90 countries around the world, provided they meet the requisite quality specifications.

"Pink Lady® branded apples have then become one of the most popular and appreciated apple products in Europe thanks notably to its natural qualities, the consistency of the product and supply chain, and the technical and quality supports that are aimed at always satisfying consumers."

Pink Lady® branded apple sales will pass, in 2018 a total of 300,000 metric tons distributed in Europe, and the brand awareness have reached scores over 80 % of recognition in most of the markets. "It is an undeniable and unprecedented success story in the apple industry and from a consumer perspective."

"Part of this success is this incredible variety, ‘Cripps Pink’, and the manner and the rigor of selection and introduction of the most effective natural mutations which have been integrated and proposed to growers internationally."

WAAA and Star Fruits plant variety rights on ‘Cripps Pink’
and essentially derived varieties
Western Australia Agriculture Authority ("WAAA") owns the Community Plant Variety Right (CPVR) № EU 1640 covering the apple variety ‘Cripps Pink’ and Star Fruits holds exclusive rights to propagate, market and sell the `Cripps Pink' variety and any variety
essentially derived thereof. The protection conferred by a Community Plant Variety Right extends to the protected variety and inter alia to varieties essentially derived thereof.

"As a result, no constituent (entire tree, propagation material and harvest material notably) of a variety essentially derived from a variety protected by Community Plant Variety Right can be sold or imported within the European Union, without the prior authorization of the owner of the Community Plant Variety Right protecting the initial variety or its exclusive licensee for the European Union."

WAAA and Star Fruits have thus accepted that ‘Rosy Glow’ and ‘Lady in Red/ Sekzie’ be exploited in Europe to participate in the Pink Lady® branded program.

Understanding the concept of essentially derived varieties of ‘Cripps Pink'
"The choice of these essentially derived varieties was made in consideration of the interest of the growers and also of the whole industry, notably in consideration of the quality of the selections to continue to satisfy consumers’ expectations."

"These two varieties are the only varieties derived from ‘Cripps Pink’ which can be commercialized lawfully in the EU; the commercial exploitation of any other essentially derived varieties from 'Cripps Pink' would amount to an infringement of the CPVR № EU 1640."

"As a result, plant material or apples of other essentially derived varieties cannot be propagated, marketed or sold, in the European Union, for purposes other than evaluation, in particular for commercial purposes, without the authorization of the holder of the Community Plant Variety Right regarding the initial variety, namely only with the
authorization of WAAA and Star Fruits."

"Additionally, usage of the Pink Lady® trademark for the commercialization of essentially derived varieties of ‘Cripps Pink’ can be obtained, only after the strict process of evaluation developed by APAL and Star Fruits to guarantee the quality of the apples delivered to the market."

For more information:
Star Fruits 

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