Bloom Fresh has stepped up enforcement actions against unauthorized plantings of its proprietary table grape varieties in Peru, including legal cases, supply chain monitoring, and investigations into nurseries suspected of illegal propagation.
The fruit breeding company said it has filed three new legal actions with Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (INDECOPI) targeting growers accused of illegally producing its IFG Ten grape variety, marketed under the trademark SWEET GLOBE™. The move comes as the company increases monitoring of export shipments to the United States and the European Union, the two largest markets for Peruvian table grapes.
Bloom Fresh said it has expanded its collaboration with licensed growers and exporters across the global supply chain to review export data and shipment records, and to identify potentially infringing fruit. According to the company, multiple partners in the supply chain have helped flag suspicious shipments and possible violations.
In one recent case identified through supply chain monitoring, Bloom Fresh said that a shipment of SWEET GLOBE™ grapes had been mislabeled as the open variety SUGARONE to avoid detection.
The company said US importers are being notified and that it has begun steps to terminate the grower's license. Bloom Fresh said it is also seeking the removal of both licensed and unlicensed vineyard blocks tied to the grower. The case has been referred to Peru’s Servicio Nacional de Sanidad Agraria del Perú (SENASA) and INDECOPI for further action.
Beyond individual cases, Bloom Fresh said it is expanding investigations into nurseries suspected of illegally propagating protected varieties in Peru. The company reported it has gathered evidence involving more than 15 nursery targets and is preparing additional legal actions.
BLOOM FRESH red varieties | Archive.
Bloom Fresh also launched an education and compliance campaign aimed at exporters and retailers, reminding them not to source fruit from unauthorized growers and warning of the legal risks tied to trading infringing fruit. The company said it sent notices earlier this season to all foreign exporters shipping Bloom Fresh varieties from Peru.
The latest actions build on earlier enforcement efforts in Peru that resulted in the removal of about 272 acres of illegally planted grape varieties marketed under the trademarks SWEET GLOBE™, JACK’S SALUTE™, SWEET CELEBRATION™, and ALLISON™, according to the company. Bloom Fresh said the case also resulted in significant fines and represented the largest illegal vine removal tied to table grape infringement in Peru.
BLOOM FRESH red varieties | Archive.
“Protecting our intellectual property is essential to protecting the legitimate growers who invest in our varieties and the integrity of the industry,” said Josep Estiarte, CEO of BLOOM FRESH. “We are investing heavily in finding and holding accountable anyone in the value chain who believes they can steal our intellectual property and get away with it, whether that be nurseries, growers, or anyone else in the supply chain. We hope that these recent efforts and actions serve as a warning to anyone else who thinks that this kind of infringement will pay off in the long run and encourage everyone working in fresh produce to support our efforts to find and hold these bad actors to account.”
Bloom Fresh said it will continue to monitor vineyards, nurseries, and export channels in Peru and plans to pursue additional enforcement actions when it identifies any infringement.
*All images courtesy of Bloom Fresh.
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