ANFIC is putting 'rogue' operators on notice: the illegal propagation, sale, or distribution of protected fruit varieties — including trees and the fruit produced from those trees — without a valid licence is theft and will be enforced.
Intellectual property rights, including Plant Breeders' Rights (PBR) and patents, are not optional. They are legally enforceable protections that underpin the future of the fruit industry. Breaching them is not only unlawful, but it is also a direct attack on the breeders and investors who bring premium varieties to market.
This warning follows a recent settlement in the Federal Court of Victoria, where ANFIC enforced its full legal rights against a commercial grower who had propagated and sold protected varieties without authorisation and in disregard for the law. As part of the resolution, the grower was required to pay in full, including royalties, damages, and legal costs, and to cease all unauthorised use and sale of the protected varieties.
"This outcome sends a clear message: we will not hesitate to act," said Dr Gavin Porter, CEO of ANFIC. "If you are growing or selling protected varieties without a licence, you are breaking the law — and you will be caught."
ANFIC is now increasing enforcement measures, which include targeted desktop and orchard audits, DNA testing and Origin fingerprinting of suspect plantings, random drone surveillance over suspect orchards, legal action against infringers, and public disclosure of those found in breach.
There will be no tolerance for those operating outside the legal framework. Infringers are on notice to come forward or face legal and financial consequences.
"Every time someone propagates or sells a protected variety without a licence, they steal from the entire supply chain," added Dr Porter. "Our message is simple: do the right thing, or we will hold you accountable."
For more information:
ANFIC
Tel: +61 (0) 7 3491 9905
Email: [email protected]
www.anfic.com.au