Breeder said successes reflect its zero tolerance approach to infringements
Bloom Fresh says it has secured a series of landmark victories in Italy that protect its plant variety rights and reinforce the integrity of its licensed varieties across the country.
These include securing €750,000 in damages and the return of unlawfully obtained net profits from Top Fruit di Angela Colucci, Angela Colucci and La Fitta di Angela Colucci in a first-instance decision at the Court of Bari, which held that Bloom Fresh’s plant variety rights had been infringed. The court also ordered the destruction of all unauthorised plants and that its decision be published in the Italian newspaper Il Corriere della Sera. An appeal is currently pending.
Bloom Fresh also had three separate successful victories against growers of Sheegene 9 (marketed under the trade mark Melanie) in Bari, Sheegene 20 (marketed under the trade mark Allison) in the Municipality of Conversano (Bari), and Sheegene 2 (marketed under the trade mark Timpson) in the Municipality of Conversano (Bari), resulting in the removal of vines, provision of undertakings restraining future infringing conduct, disclosure of the source of infringement materials and payment of compensation.
Beyond the court, Bloom Fresh has also stepped-up enforcement at the border. The company recently filed an EU-wide Application for Action with Customs, formally notifying the customs authorities of each EU member state of its plant variety rights and enabling them to detain, and where appropriate seize, unauthorised fruit imported into the EU from illegal growers, including through Italian ports.
The breeder recently delivered dedicated training to Italy’s customs authority, the Agenzia delle Dogane e dei Monopoli, at the port of Brindisi, briefing officers on plant variety rights, on its business and varieties, and on how unauthorised fruit can be detected and stopped at the EU border.
“The session was well attended and gave rise to an active discussion with the officers taking part,” the company said. “This is understood to be among the first training sessions of its kind focused specifically on plant variety rights to have been delivered to Italian Customs, consistent with our broader commitment to supporting border enforcement capability in this area.”
Building on the success of the Brindisi session, Bloom Fresh said it plans to work with customs in Italy and other EU jurisdiction to roll our training across other ports, further strengthening customs officers’ ability to identify and stop unauthorised fruit at the border.
The breeder said its enforcement successes reflect its investment in protecting its intellectual property rights and property varieties, maintaining zero tolerance towards infringement.
By pursuing infringers through the courts and equipping customs authorities to intercept unauthorised fruit before it enters the market, the company continues to safeguarding its varieties and protecting the investment of its licensees, who rely on a level playing field to compete fairly.
“This has been a landmark year for our enforcement programme in Italy. Protecting our plant variety rights isn’t just about defending Bloom Fresh – it’s about protecting every licensee who has invested in growing our varieties the right way,” said CEO Josep Estiarte. “The results show that we will pursue infringement wherever it occurs, in the courts and at the ports, to preserve the integrity of our varieties and the trust of our licensees.”
