Nadorcott Protection (NCP) has escalated its action to protect the rights of the Nadorcott variety of mandarin, issuing its second wave of letters warning nine major UK supermarket retailers of the risks of selling Tango/Tang Gold mandarins.
Despite informing the supermarkets of these risks earlier this year, the supermarkets are not prepared to confirm to Nadorcott Protection’s legal representatives that they will refrain from offering for sale infringing mandarins without authorization.
Nadorcott Protection’s efforts reinforced by UPOV decision
This fresh wave of action comes following a longstanding litigation in other countries and is reinforced by the adoption by the UPOV of the new Explanatory Notes on Essentially Derived Varieties by the International Union for the Protection of New Varieties of Plants (UPOV) Council.
In Nadorcott Protection’s view, this UPOV guidance confirms its long-held assertion that the award-winning Nadorcott variety of mandarin is the initial variety from which the Tango/Tang Gold is essentially derived.
A culmination of years of fighting
With legal proceedings now underway to establish whether Tango/Tang Gold mandarins will be formally classified as an EDV, Nadorcott Protection is hoping for a resolution to a fight that has been years in the making. In the coming months, Nadorcott Protection will be accelerating efforts to defend their rights by all available means in the appropriate jurisdictions, with the support of key global stakeholders.
If the Tango/Tango Gold variety were to be classified as an EDV by the courts, this would have a significant impact on supermarket retailers.
Nadorcott Protection’s Mohamed Benbiga said: “It is our hope that the supermarket retailers continuing the unauthorised sale of Tango/Tang Golds will engage with Nadorcott Protection on our crucial efforts to protect the authentic Nadorcott variety. Today, we are gaining more momentum than ever in this fight. This is not just a question of protecting the Nadorcott, but the intellectual property rights of all owners of original plant varieties.”
For more information:
Sofiat Kolawole
Tel: +44 7824 583 828
Email: Sofiat.Kolawole@hillandknowlton.com
www.hillandknowlton.com