An update is available following last month's article on Eurosemilla's request to annul the protection of the Nadorcott mandarin variety. All European Union bodies have rejected Eurosemillas' request for cancellation of the Nadorcott variety registration. Eurosemillas' most recent defeat was the judgment of the General Court of the European Union on September 11, 2024. Click here for that article.
Eurosemillas will have no choice but to face up to the infringement proceedings brought against it by Nadorcott Protection. And Nadorcott Protection's counterfeiting arguments have also been strengthened. Among other things, Community and international authorities have issued rulings holding that Tang Gold is an infringement of the Nadorcott variety. Thus (1) the Community authorities have indicated that only two differences (relating to fertility) exist between Tang Gold and Nadorcott, and (2) the UPOV (International Union for the Protection of New Varieties of Plants) explanatory notes on essentially derived varieties are used to argue that Tang Gold is an essentially derived variety and, therefore, a counterfeit of the Nadorcott variety.
NCP will continue to defend the exclusive rights to Nadorcott and to take all appropriate action to prevent the unauthorized exploitation of its intellectual property in all relevant jurisdictions.
Contact:
Les Domaines Export
Europe: + 33 2 29 63 12 19
UK: + 44 1322 303 249
Middle East: +974 5013 4000
Other markets: +212 522 93 35 00
www.lesdomainesexport.com/en/