Asda, and its logistics subsidiary IPL, have won a landmark court case concerning how plant breeders’ rights affect fruit and vegetables sold by UK retailers.
The High Court found that the retailer had not infringed plant breeders’ rights relating to the sale of Tang Gold (Tango) mandarins in its stores, as claimed by Nador Cott Protection (NCP).
Mr Justice Mellor dismissed the infringement claim on the basis that the Tang Gold variety of mandarin “was not an essentially derived variety” of NCP’s Nadorcott mandarin – while both are protected by UK plant breeders’ rights.
“Being able to provide our customers with the products and ranges they love is the reason we defended this case strongly, and we are happy that as a result of this ruling we can continue to do just that,” said Graeme Morrison, Asda’s senior legal director. “This is a landmark case in the UK with repercussions across the wider sector and we are pleased with the outcome.”
Asda’s legal representation Appleyard Lees IP LLP demonstrated that the mandarin fruit variety sold did not possess the “essential characteristics” of NCP’s variety and was therefore not in breach of the Plant Varieties Act 1997.
“This is an important and seminal decision on many levels for the retail and growers’ market – not least as it is, we believe, the first legal judgment affecting plant varieties in the UK,” said Chris Hoole, partner at Appleyard Lees. “In finding against NCP, the court has given clear guidance on the correct interpretation of essentially derived varieties under UK legislation.
“Through vigorous defence of NCP’s claim, Asda and IPL have stood up for consumer choice in mandarins and, potentially, the wider fruit and vegetable market.”
NCP was approached for comment.
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