Grower ordered by Bari court to remove all illegal plantings of the variety IFG Eleven, known as Sugar Crisp
Bloom Fresh has achieved a significant legal victory regarding the illegal planting of its proprietary table grape varieties in Italy.
As a result, a court in Bari has reportedly ordered a grower to remove all illegal vines at their own expense, even before the first-instance judgment.
Bloom Fresh said there is also a civil case awaiting a judgment for damages, as well as several ongoing criminal proceedings for non-compliance, with seals placed by the court-appointed custodian for the infringement of industrial property rights.
“The owners of the farm in question have long positioned themselves as a public adversary to breeders,” Bloom Fresh said in a statement. “They have been well known for using the media to encourage other Italian growers to ignore intellectual property laws and support widespread violations, all while boasting about the significant profits they have generated from illegal plantings and by evading paying the same fees as legitimate growers.”
The court ruled that this grower must remove all illegal IFG Eleven (Sugar Crisp) plants that were planted without Bloom Fresh’s authorisation.
The breeder said this marked an important step in restoring respect for intellectual property rights within the Italian agricultural industry.
“This is the second case that this particular grower has lost in the Italian courts against plant breeders, with their previous attempt to use antitrust laws to undermine the foundation of intellectual property rights and cast doubt on breeders’ capacity to enforce their rights, having been in vain,” the company said.
Bloom Fresh CEO Josep Estiarte commented: “With this decisive court ruling, and the financial penalties that have been imposed, a powerful message has been sent to those contemplating the illegal planting of Bloom Fresh varieties.
“Infringement of our intellectual property is a serious offense, and we will relentlessly pursue legal action against those who flout these regulations and ensure they face similar repercussions.”
With the plants already removed, and the process scheduled for completion in December 2024, the breeder said this represented one of the most significant actions taken against unauthorised cultivation of fruit varieties in Italian history, and reinforced its dedication to safeguarding the interests of legitimate growers worldwide.
Estiarte continued: “The integrity of our brands and maintaining the trust and confidence that our legitimate growers place in us is paramount. Upholding our intellectual property rights is crucial not just for Bloom Fresh but for the entire agricultural community that relies on adherence to legitimate practices to drive quality and innovation.”
The company said it remained vigilant in monitoring the global marketplace for potential infringements. The company’s proactive approach includes employing specialised legal teams and performing regular evaluations to protect its exclusive varieties and trademarks.
As a founding member of The Global Breeders Alliance, Bloom Fresh collaborates with a network of experts dedicated to identifying and addressing violations of intellectual property rights in the produce industry.
