In a landmark decision, the Court of Bari issued a first-of-its-kind injunction forbidding an Italian grape producer from harvesting or selling any table grapes from unauthorized plantings of Sugrathirtyfive variety (AUTUMNCRISP® brand) grapevines. The variety is owned by Sun World International, LLC (“Sun World”). Under the order, until the infringing vines are removed and replaced, the vineyards are effectively worthless. In this case, Sun World has advanced Plant Breeders’ Rights (PBRs) in Italy using new tools to demonstrate infringement to the Court of Bari, which accepted infringement evidence gathered by drones for the first time and accepted the modern DNA fingerprinting evidence that definitively showed infringement.
Fruit from Sun World-developed varieties is marketed globally under various varietal brands including AUTUMNCRISP. The company has a long-standing business developing and licensing its proprietary plant varieties worldwide, including to Italian farmers, who earn a premium for growing these varieties. Infringers like the grower in Bari damage legitimate licensed growers by reducing the market value of their fruit and by failing to follow the quality control measures Sun World requires of its licensees. “The company will enforce the full extent of its rights against these infringers, seeking to stop illegal production and damages for past infringement,” says Sun World’s vice president of IP and general counsel Michael Stimson.
Obtaining photographic evidence via drone.
In another first-of-its-kind ruling, the Court of Bari accepted photographic evidence of an infringing vineyard taken by a drone operated by a private investigation agency. The resolution of the photographs was sufficient to discern the distinctive leaf shape and other agronomic features of the vines to demonstrate they were likely unauthorized Sugrathirtyfive plantings. The court deemed the evidence compelling enough to issue an ex-parte order granting Sun World access to the infringing plantings, along with a Bailiff and court-appointed expert. Plant material was gathered/analyzed using DNA markers uniquely identifying the vines as the Sugrathirtyfive variety.
The Court of Bari stated clear principles establishing the acceptability of the DNA evidence that the court-appointed expert presented as infringement evidence, which involved a nine DNA marker assay that has been scientifically approved internationally to be reliable. While an assay is not required for plant variety registration to obtain a PBR registration, the assay is a reliable identifier of the infringing variety as Sugrathirtyfive, as confirmed by the comparison to the DNA marker profile in the official record maintained by the Ministry of Agriculture.
In a separate case, Sun World obtained a court order for removal of the vines. It expects the courts to issue vine removal orders in cases of PBR infringement as well.
Sun World encourages growers interested in planting Sugrathirtyfive green table grapes to obtain a license to plant/propagate Sugrathirtyfive vines and to sell fruit under its authorized brand.
For more information:
Michael Stimson
Sun World International LLC
Tel: +1 (+1 (608) 440 1665
mstimson@sun-world.com
www.sun-world.com