Supermarket giant Asda has won a landmark court case which could impact how fruit and veg is sold in UK shops. The supermarket and its logistics subsidiary IPL, won the court case concerning how plant breeders’ rights affect fruit and vegetables sold by UK retailers.
At the High Court, it was decided that the retailer had not infringed plant breeders’ rights relating to the sale of Tang Gold mandarins in its stores, as claimed by Nador Cott Protection (NCP). The judge dismissed the infringement claim on the basis that the Tang Gold variety of mandarin “was not an essentially derived variety” of NCP’s Nadorcott mandarin. Both are protected by UK plant breeders’ rights.
Graeme Morrison, Asda’s senior legal director said: “Being able to provide our customers with the products and ranges they love is the reason we defended this case strongly, and we are happy that as a result of this ruling we can continue to do just that.
“This is a landmark case in the UK with repercussions across the wider sector and we are pleased with the outcome.”
The supermarket’s legal representation, Appleyard Lees IP LLP, demonstrated that the mandarin fruit variety sold did not possess the “essential characteristics” of NCP’s variety.
Due to this, it was therefore not in breach of the Plant Varieties Act 1997, reports The Grocer.
Chris Hoole, partner at Appleyard Lees, said: “This is an important and seminal decision on many levels for the retail and growers’ market – not least as it is, we believe, the first legal judgment affecting plant varieties in the UK.
“In finding against NCP, the court has given clear guidance on the correct interpretation of essentially derived varieties under UK legislation.
“Through vigorous defence of NCP’s claim, Asda and IPL have stood up for consumer choice in mandarins and, potentially, the wider fruit and vegetable market.”
The case comes at a time where fears are growing that supermarket shelves could soon be left empty as war in the Middle East drives up food production costs, suppliers have warned.
Fruit and vegetable producers say they may be forced to stop production and end the season early because of the rising price of energy and transportation costs following the war in Iran.
Lea Valley Growers Association (LVGA) secretary Lee Stiles warned that supermarket shelves may be empty if nothing is done to support the industry.
