Italian court rules on illegal peach variety propagation

Plant genetic research remains the foundation for developing new varieties selected for disease resistance, adaptation to changing climates, productivity, and organoleptic traits to meet consumer and market needs. The process of varietal improvement typically takes more than a decade and requires considerable technical, financial, and human investment. Depending on the species and the selection technologies employed, total costs for developing a new variety can range from several hundred thousand euros to more than one million euros.

To safeguard these investments, breeders rely on plant variety rights, a legal title granted by the Community Plant Variety Office (CPVO) in Europe or by national authorities. These rights give breeders the exclusive ability to reproduce, sell, and market protected varieties for a period of 25 to 30 years within a defined territory. Such legal protection is central to ensuring the sustainability of research and supporting the broader agro-industrial sector.

In this framework, SICASOV, a cooperative company specialized in the collective management of breeders' rights, oversees royalty collection, market monitoring, and the enforcement of exclusive rights. In cases where undeclared or illegally propagated plantings are found, the organisation first seeks dialogue to regularize the situation. For instance, in 2024, agreements were reached with a group of fruit growers in Puglia and Basilicata, Italy, who had previously planted undeclared protected varieties.

In more serious cases, legal action is pursued. One recent example involved proceedings against a Calabrian nurseryman accused of counterfeiting protected peach varieties. In collaboration with the Guardia di Finanza, evidence was gathered, leading to a case brought before the Court of Catania.

With ruling no. 91/2025, published on January 4, 2025, the court upheld the claims of the companies INTERNATIONAL PLANT SELECTION SARL (IPS), which holds patent rights through the CPVO. The defendant, A.D.L. SOCIETA' COOPERATIVA A R.L., was found to have propagated and held several hundred plants of protected peach varieties without authorization. The court determined that this conduct violated Articles 13 of EC Regulation No. 2100/94 and 107 of the Italian Code of Criminal Procedure, as well as constituting unfair competition under Article 2598 of the Italian Civil Code.

The ruling ordered the destruction and withdrawal of all plants propagated in violation of the rights, prohibited further production and marketing of the protected varieties, and imposed penalties for non-compliance. The court also required the publication of the ruling and awarded damages, legal costs, and consultancy expenses to the plaintiffs.

The case highlights the role of plant variety rights in protecting the work of breeders and the importance of enforcement mechanisms to ensure compliance across the fruit and seed sectors.