A fruit plant nursery in the Spanish Region of Murcia has been fined for a crime against industrial property, as it illegally reproduced plants of the Paraguayo peach variety Platifun (EU 28857), whose rights in Spain belong to the entity International Plant Selection (IPS); of the almond tree variety Diamar (EU 3301), and under the registered trademark Lauranne®.
The nursery had obtained plant material of the aforementioned varieties of unknown origin and proceeded to reproduce and multiply them without the necessary license from the rights' owners of the varieties and the registered trademark.
No appeal can be made against this ruling, which sentences the producer to pay a fine and compensate the rights' holders for the damages caused.
Geslive said that "the unauthorized reproduction and production of propagating material of protected fruit plant varieties is a serious problem in Spanish fruit-growing areas."
Massive fraud has serious consequences not only for breeders of new plant varieties, who suffer multimillion losses each year, but also for the sector as a whole. It creates unfair competition for all authorized producers.
Furthermore, any such plant material produced clandestinely outside the official control and certification system lacks any guarantee that it really belongs to the variety indicated, or that it meets the right phytosanitary conditions.