UK judge’s decision to dismiss Nador Cott Protection’s case could mean retailers continue to sell Tang Gold variety
UK retailer Asda did not infringe plant breeders’ rights by selling the Tang Gold mandarins, a court has declared – with potentially wider implications for the UK and European citrus market.
High Court judge Mr Justice Mellor dismissed the claim, brought by Nador Cott Protection (NCP) against Asda and its procurement subsidiary IPL, on the basis that the variety “was not an essentially-derived variety” of NCP’s Nadorcott mandarin. He also ruled that both varieties are protected by UK plant breeders’ rights.
In January 2024, NCP took another retailer, Sainsbury’s, to court over the rights to Tang Gold. Towards the end of that year, NCP said the chain had agreed to remove the variety from sale “pending the outcome of other proceedings”.
‘Seminal decision’
Intellectual property law firm Appleyard Lees, which acted for Asda and ILP, said they demonstrated that the mandarin fruit variety sold did not possess the “essential characteristics” of Nadorcott, and was therefore not in breach of the Plant Varieties Act 1997.
“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 judgement affecting plant varieties in the UK,” said Chris Hoole, partner at Appleyard Lees.
“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.”
Back in 2008, NCP took legal action in Spain against Eurosemillas, which owns the master licence for Tang Gold but – unlike the UK case – this has yet to reach trial.
“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,” commented Graeme Morrison, Asda’s senior legal director. ”This is a landmark case in the UK with repercussions across the wider sector and we are pleased with the outcome.”
