The Australian apple industry has lost the fight to keep control of its own breed of Pink Lady apple being grown in Chile, according to local media Abc.net.au. 

The story described the the Pink Lady that was developed in Western Australia in the 1970s as the 'jewel' of the Australian apple industry.

The intellectual property is owned by Apple and Pear Australia Limited (APAL).

The industry has reportedly turned a major profit from the variety, with proceeds from the control of growing regions and the supply of the Pink Lady in various locations around the world.

However, the story said the recent court decision could mean the industry is starting to lose control of its own apple.

The Victorian Supreme Court has been examining a deal between APAL and Pink Lady America Limited Liability Company over the supply of Pink Lady apples from Chile to North America, according to Abc.net.au.

The court has ruled in favour of Pink Lady America, which argued that although no such deal was signed, there was an agreement with APAL to allow Pink Lady America to control the trade of Pink Lady apples between Chile and North America.

Justice Croft said the actions of both parties convinced him this agreement was in place.

"It is the view of the court that as a general principle, where parties form an agreement and proceed on the basis of that agreement whether it is written, oral or evidenced by conduct, the law will recognise and give effect to that agreement," Croft was quoted as saying.

"I am in fact satisfied that the parties did in fact reach an agreement in the form pleaded by Pink Lady America LLC."

The story reported that it is yet to be determined exactly what the decision will mean for the trade of Pink Lady apples from Chile to North America.

The case is due back before the courts on Nov. 27.

Photo: Pink Lady apples, by APAL, via Flickr

www.freshfruitportal.com