Apple and Pear Australia’s (APAL) commercial division manager, Garry Langford,says the peak industry body plans to issue Chilean export licences for the 2017 season in the same manner as those issued in other southern hemisphere countries.
The announcement comes after an Australian court dismissed a stay application lodged by Pink Lady America.
The stay application related to a recent hearing in the Supreme Court of Victoria, where APAL successfully appealed its case with Pink Lady America. The ruling recognised APAL’s rights to the Pink Lady trademark in Chile.
Following the case, Pink Lady America submitted an application for special leave to appeal to the High Court of Australia.
“Pink Lady America also requested a stay of execution of the orders granted by the Court of Appeal with the effect that it would allow them to continue licensing exporters in Chile until the High Court application was determined,” Langford explained in a statement.
The Supreme Court of Victoria’s Court of Appeal dismissed the stay application earlier this month after opposition from APAL.
Langford said export licences grant suppliers the right to ship Pink Lady branded apples to over 100 territories where APAL has rights to the Pink Lady brand.
“For territories in which APAL does not own the Pink Lady brand – such as the USA and Mexico – exporters must first liaise with the brand owner in those territories to ensure the shipment is authorised for import,” he added.
