The Board of Appeal of the Community Plant Variety Office confirmed last Wednesday, January 25, the decision of the aforementioned Office that declares the validity of the Community Plant Variety Rights No. 14,111 “Nadorcott”.
"This is the third occasion in which the Community Plant Variety Office (OCVV) has confirmed the validity of the Nadorcott variety's plant breeder's rights," the Club of Protected Plant Varieties CVVP stated.
In this latest case, Eurosemillas S.A. applied to the OCVV for the declaration of nullity of the aforementioned variety, just one day after the same Board of Appeal, which has now confirmed the validity of the right of the Nadorcott variety, ruled that the only two differences between the Tang Gold variety and Nadorcott are the viable pollen and the number of seeds in cross-pollinated conditions.
"In an extensive letter filed on May 31, 2016, before the OCVV, Eurosemillas S.A. alleged up to nine grounds for nullity, all of which were rejected by Decision No NN20 of the OCVV, dated December 16, 2019; a decision that the Board of Appeal has now confirmed in its entirety," the CVVP stated.
"As a result of the total dismissal of Eurosemillas' claims, the OCVV ordered this entity to cover all the expenses of the annulment procedure; a conviction that has also been ratified by the Board of Appeal of the OCVV".
“The Board of Appeal confirmed the full validity of the plant variety right of the Nadorcott variety, which allows the Club of Protected Plant Varieties to continue fighting, together with Nador Cott Protection, to declare that the Tang Gold variety is essentially derived from the Nadorcott variety, a matter that still needs to be solved by the courts,” the CVVP stated.
For more information: clubvvp.com