In a significant decision that potentially affects international rights to dozens of new table grape varieties developed by Israel's Volcani Institute, an Israeli District Court Judge has ruled that a claim filed by Sun World International LLC may proceed to trial and further displayed unease with Volcani's conduct.
Volcani and California-based Sun World had maintained a co-operative agreement on grape breeding and other research projects in the 1980 and early 1990s, under which Sun World retained international rights to Volcani-bred varieties.
But in 2003 Sun World filed a claim against Volcani, alleging that the Israeli research institute had violated numerous contractual obligations and had failed to give Sun World the required access to materials bred under the agreement.
Volcani tried to dismiss Sun World’s claim on the basis that the Statute of Limitations should bar the action. But the motion has been rejected and the case may now proceed to trial.
David Marguleas, senior vice president of Sun World, said: “Under the terms of Sun World’ funding agreement, the Volcani institute may have developed several promising seedless grape varieties to which Sun World is lawfully entitled.
“We’re heartened by this initial favourable ruling.
“It is a potent signal to Israel’s Agricultural Ministry that Volcani’s grape breeding programme could benefit from added scrutiny.”
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