The Board of Appeal of the Community Plant Variety Office (CPVO) has rejected (by its decision of 25 January 2023) the appeal of Eurosemillas (a Spanish company specialising in the sale of seeds and representing the University of California Riverside (UCR)), thus confirming the CPVO’s decision and the full validity of the Community plant variety protection of the Moroccan Nadorcott variety, indicates a press release from Nadorcott.
The decision recalls that the Nadorcott variety has already been examined three times and “that after all these exhaustive and complex analyses, the CPVO confirmed the validity of the breeder’s right granted to Nadorcott” (point 37), the same source said.
Similarly, the Board of Appeal considers that Eurosemillas “has not provided any evidence, not even the slightest information to justify its request” for further investigation of the case (point 56), the press release adds.
The decision also addresses the aspects relating to the exploitation of Nadorcott in the United States, specifying that the plant material sent by the breeder to the UCR was delivered for exclusively and purely research purposes, as is apparent from all the documents provided by the parties (paragraphs 138-147), and that in addition the Moroccan breeder never gave his consent either to the improvement of his original variety or to the commercial exploitation of the Nadorcott plant material delivered for research purposes (paragraph 170).
Eurosemillas, as the losing party, was ordered to pay the costs of the proceedings. This decision allows the rights holders of the variety to continue the defence of the authorised producers in all countries and markets where Nadorcott is protected and to claim their rights which have been violated since the beginning of the discovery of the variety.
2024-09-18 07:15:03