Grower in southern Peru forced to remove 110ha of illegally planted varieties and pay hefty fine
A grower in Peru has been ordered to remove 110ha of illegal plantings of Bloom Fresh table grape varieties and pay a significant financial penalty following months of investigations and legal action by the breeder.
Bloom said the removal of plantings of Sweet Globe, Jack’s Salute, Sweet Celebration and Allison is the largest illegal vine removal in the history of table grape infringement cases in Peru.
“This action is a warning to growers who may be planning on illegally planting Bloom Fresh varieties in the upcoming season. We will continue to act with the strongest legal recourse against nurseries and growers who illegally use its proprietary varieties and trademarks,” the company said.
The grower, who was based in southern Peru, was forced to uproot and remove all 110ha of planted material at their own expense and with significant impact to their future revenue streams. The grower also had to pay an expensive penalty for infringement.
Bloom Fresh said it continually monitors the marketplace to seek out infringers and ensure enforcement of its patents. Once it becomes aware of any potential infringements, it has local and international legal teams ready to act.
CEO Josep Estiarte commented: “Today we are sending a very clear message to the industry and to the growers that are even thinking about planting Bloom Fresh varieties illegally. Infringement of our intellectual property will not be tolerated, and we will bring the full weight of our resources against anyone who believes they can get away with this. This case demonstrates the significant financial consequences that offending growers will face.
“The reason why this is so important to us is simple. Legitimate growers around the world have put their trust in us to help them build their businesses for the long term. We must protect their interests by ensuring that those who wish to plant our varieties illegally are held to account”.
Bloom Fresh is a founding member of The Global Breeders Alliance which has a global network of investigators that continuously screen the market looking for infringements. It routinely runs DNA tests on any fruit or plants that it believes may be illegal and works closely with the major retailers and distributors around the world with the objective of identifying infringements of our intellectual property.