Verified counterfeiting of protected vegetal variety "Ambrosia"

Rivoira Giovanni & Figli S.p.A., in its quality of exclusive licensee for Europe of the protected vegetal variety "Ambrosia" and of related trademarks, and VI.P coop. soc. agricola, in its quality of sublicensee, also on behalf Summerland Varieties Corp. worldwide exclusive manager of the said variety and its related trademarks inform and give notice:

  • That the purchase of apple trees of the protected variety "Ambrosia" is a legal purchase only if made from an authorized nursery and only if the buyer also signs a contract for the production of fruits of the "Ambrosia" variety;

  • That the purchase of apple trees of the protected "Ambrosia" variety from unauthorized nurseries entails heavy penal and civil sanctions not only against the unauthorized nursery, but also against the purchaser, including the obligation to uproot the trees and the obligation to pay damages;
  • That a legal purchase of trees of the protected variety "Ambrosia" does not entail a purchase of rights or a license of rights to multiply the variety, but only the right to produce fruit from purchased trees;
  • That it is therefore severally forbidden to proceed, on its own or on behalf of third parties, to cut scions from legally purchased trees, to produce other trees of the protected variety and to conduct any other multiplication acts;

  • That Summerland Varieties recently acted in court against an important nursery from Alba for counterfeiting of the protected variety "Ambrosia", initiated and undertaken by an employee of that nursery;
  • That in the meantime the said nursery has adopted disciplinary measures against the employee, material author of the counterfeiting; has paid a large sum as compensation for damages and as reimbursement of legal fees; and has uprooted any remaining counterfeit trees and plant material and agreed on heavy penalties/liquidated damages in case of any future counterfeit of the protected variety "Ambrosia";
  • That Summerland Varieties has also identified the consignor of multiplication material for the subsequent illegal production of trees, as well as the purchasers of the counterfeit trees;

  • That on the basis of the collected information and data, Summerland Varieties has acted and will continue to act with absolute firmness also against the consignors of the multiplication material and against the purchasers of the counterfeit trees, forcing them to pay damages and to uproot these trees;
  • That a violation of the exclusive rights to exploit the protected variety "Ambrosia" harms not only the author of such violations, but the entire system and all other authorised producers, and will in no way be tolerated by Summerland Varieties, Rivoira and VI.P.

For more information: 
Tel: +39 0175 280800

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