“You shouldn’t eat the forbidden fruit”: First judicial pronouncements on the exercise of plant breeders’ rights on harvested material

A judgment by Valencia Commercial Court no. 4, recognizes the right of the breeder of a protected variety to act only against the harvested material and awards compensation equivalent to the profit obtained from marketing the fruit illegally. A plant variety must meet four requirements for the breeder to obtain exclusive protection: novelty, distinctness, uniformity […]