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Court rules 'Glory' and 'Staccato' cherries identical, upholding intellectual property rights

In a recent adjudication by the District Court for the Eastern District of Washington, the cherry known as 'Glory' was determined to be the same as 'Staccato,' a variety previously established by Agriculture and Agri-Food Canada. This decision came after a legal dispute involving Gordon Goodwin, a Washington State orchardist who had patented 'Glory' as a new discovery, alongside Van Well Nursery, Inc. and Monson Fruit Company, both implicated in the unauthorized distribution and sale of the cherry under dispute.

The case was brought to a close with the aid of genetic analysis and genome sequencing by the research team at Summerland Varieties Corp., who manage intellectual property for fruit breeders. Despite challenges to the DNA evidence presented, the court found it credible, affirming that 'Glory' and 'Staccato' are indeed the same cherry.

Sean Beirnes, General Manager of Summerland Varieties Corp., expressed satisfaction with the outcome, emphasizing the importance of protecting the intellectual property rights of Agriculture and Agri-Food Canada's fruit development program and its contributors. This ruling underscores the commitment to safeguarding the investments and innovations within the fruit breeding sector.

Source: Castanet

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