Comitato Libero Agricoltori e Commercianti di Puglia e Basilicata, which represents many of the domestic producers and distributors of seedless grapes, presented a dossier that reports the contractual schemes used - or, according to the dossier, imposed - by the breeders to discipline and organize the production, harvesting, collection and commercialization of seedless grapes.
"This is not a war against patents or innovation in agriculture, but just a check on the limits of patent owner rights so as to prevent and sanction any abuse affecting growers and distributors," explains president Lorenzo Colucci.
The topic concerns the extension and exercise of the rights of intellectual property concerning plants and their fruits (plant variety rights issued in Europe by CPVO and community marks issued by EUIPO) which, according to the Committee, are misused by breeders thus contributing to an unsustainable economical situation that affects the right to free competition.
Recently, the Spanish Antitrust Authority condemned the managers of "Nadorcott" club as it felt the contractual system violated the right of producers and resellers to freely distribute the fruits, although royalties had been paid.
The dossier reports various aspects, including: confusion regarding the propagation material, often without phytosanitary guarantees; free harvesting and commercialization of fruit by distributors; conflicts of interest among nurseries, distributors and producers; lack of transparency in resale price conditions; unfair contractual conditions.
These issues are at the base of Directive 2019/633 on unfair commercial practices between businesses part of the food and agricultural chain, which expressly forbids a series of commercial practices defined as "unfair".
"This Community perspective does not just concern Puglia and Basilicata, but Italy and other European countries as well, and that is why we have the support of many National and European organizations."
For further information:
Lorenzo Colucci
Comitato Liberi Agricoltori e Produttori di Puglia e Basilicata liberiamoleuveseedless@gmail.com