Two rulings set a precedent in horticulture
Spain has made a significant advance in combating the illegal multiplication of protected plant varieties. Recent rulings by the Provincial Court of Almeria and the Court of Valencia clearly emphasize that unauthorized reproduction and sale of protected plant varieties carry legal penalties and may constitute a crime against industrial property.
This message is especially important in contexts where plant innovation is crucial for tackling issues such as climate change, new pests, reduced inputs, and boosting agricultural productivity. “Behind each new variety are years of research, investment, and knowledge. Creating a new plant variety can take eight to ten years and cost millions of euros,” stated Antonio Villarroel, general manager of Anove. “However, some of this effort is threatened by illegal multiplication practices that undermine competitiveness and create unfair competition,” he added.
The Almeria ruling deems specific tomato grafting practices illegal if they produce material that can be reproduced and sold without the breeder’s approval. The Provincial Court views conserving and using this plant material for multiplication as an infringement of industrial property rights, and possibly a criminal offense.
Meanwhile, in Valencia, the courts have condemned the extraction of seeds from protected onion varieties for reuse and sale to third-party growers, reaffirming that unauthorized use of protected material infringes on the breeder’s rights.
Beyond the legal consequences, the problem significantly affects the sector. The illegal proliferation of plant material harms not only breeders but also nurseries, growers, and lawful operators. Additionally, it introduces risks because uncertified material outside official oversight lacks guarantees of varietal identity, genetic integrity, or phytosanitary status.
These court rulings clearly emphasize that protecting plant innovation involves more than just defending private rights; it also ensures the sustainability, competitiveness, and security of the entire agri-food chain. The regulations are straightforward, and the convictions demonstrate that non-compliance now carries high costs.
For more information:
Anove
www.anove.es
