Sun World wins Israeli plant breeders' rights court case -

Sun World wins Israeli plant breeders' rights court case

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Sun World wins Israeli plant breeders' rights court case

U.S.-headquartered Sun World International has won a legal battle in Israel over plant breeders' rights, with a table grape grower agreeing to uproot his vineyard and cease growing a protected variety. 

The fruit breeder says the Israeli producer was growing its black seedless Sugrathirteen variety - which is marketed under the MIDNIGHT BEAUTY brand - without permission.

In a release, Sun World said proprietary fruit breeders had scored a "noteworthy victory" when an Israeli court granted a temporary injunction against an Israeli grape grower infringing on its Intellectual Property Rights.

The injunction prohibited grower Jacob Hanan from continuing to market fruit produced from the proprietary grapevines and led to a settlement whereby the infringer agreed to uproot his vineyard and cease growing the protected variety.

"We are pleased with the court's unambiguous message that fruit breeders' rights prevent a protected variety's growth and proliferation without the lawful owner's permission," Sun World executive vice president David Marguleas said.

“This landmark case reflects the importance of Intellectual Property in agriculture and supports a shift of attitude amongst producers towards respect for these rights."

The Israeli Central District Court ruling help that the interests of entities making large financial investments in the development of their varieties ought to be protected.

"I think that the pack of enforcement of the protection given to the variety's registered owners and its rights to prevent its exploitation by others in the protection period - in cases where the cause of action is allegedly proven, as it is in our case - may diminish the existing incentive for developing new varieties and inflict notably significant damage to those developers of varieties that have acquired protection," the judge stated. 

The Israeli grower was not named by Sun World in the news release.

Law firm Gilat, Bareket & Co represented the U.S. company in Israel.

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