KUALA LUMPUR, Feb 10 -- INTERNATIONAL FRUIT GENETICS LLC (IFG) has finally come to the end of infringement proceedings in which it sought to protect its proprietary grape varietals in the Western Cape, South Africa.
According to a statement, during 2010, IFG concluded a suite of licensing, planting, and marketing agreements with a table grape grower in Paarl, South Africa, as well as other associated farming entities.
In terms of the agreements, the grower was licensed to plant, grow and market several IFG grape varieties in South Africa, which was done successfully over several years.
However, during an inspection, IFG determined that this grower had unlawfully propagated some of the varietals beyond licence limits and was growing and propagating an IFG varietal before protection for the variety was granted in South Africa.
Due to the growers' unlawful conduct, IFG cancelled all of the agreements it had with the licensee and asked the grower to cease all use of IFG's proprietary plant material and destroy all IFG proprietary plant material by cutting off all vines below the graft union.
Unfortunately, the grower refused to do so, forcing IFG to take more drastic measures, including the freezing of bank accounts and contempt of court proceedings for failure to comply with the court's orders.
Ultimately, when it became clear to the grower that IFG was taking the necessary steps required to protect their intellectual property, the grower agreed and complied by cutting the vines below the graft union on all IFG varietals.
This case marks a stunning success for IFG and for all owners of plant breeders' rights, which are an extremely valuable form of intellectual property.
More details at www.ifg.world.
-- BERNAMA
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