Nadorcott Protection (NCP) has announced it will appeal the first instance judgment that found in favour of Asda over plant breeder rights.
Asda, and its logistics subsidiary IPL, won a landmark court case last week concerning how plant breeders’ rights affect fruit and vegetables sold by UK retailers.
NCP is the holder of a UK Plant Breeder Right (PBR) and EU Plant Variety Right for the Nadorcott mandarin.
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 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.
However, NCP has since said that the court had a narrow interpretation of the UK act, which “unduly limits the rights of PBR holders and discourages investment in plant innovation”.
Read more: Asda wins landmark mandarin variety legal battle
It pointed to the judgment, which stated the conclusion could have been different if the analysis had been conducted within the framework of other laws.
The judgment said: “It is possible that a different result might obtain in the context of the EU regulation, due to the different wording.”
The business added that it “remains fully committed to pursuing the protection of its rights over the Nadorcott variety”.
“We can’t comment on it at this time,” said a spokesperson for Appleyard Lees, the legal firm representing Asda and IPL.
Asda declined to comment.
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