The Valencian Farmers Association (AVA-ASAJA) has advised growers not to plant the Tango mandarin variety until a legal dispute with France's Nador Cott Protection (NCP) is finalized.

NCP owns the rights to Nadorcott, also known as W. Murcott and Afourer, and is arguing before Spanish courts that the irradiation-induced changes in Tango do not make the fruit sufficiently different.

AVA-ASAJA made the recommendation last month after the Valencian Institute for Agricultural Research (IVIA) determined that Tango was essentially a derivation of the Nadorcott.

"This circumstance is not a minor issue, since it constitutes an argument of great weight that could decant the legal paternity of the variety in question before the courts, and the subsequent exploitation rights that derive from it," the group said.

The case is currently before the Commercial Court No. 1 of Valencia against Eurosemillas, while NCP and its South African agent Citrogold are taking similar action against Eurosemillas and Stargrow in the Western Cape Division of the High Court in Cape Town.

In a release, Citrogold claimed the IVIA finding could influence the outcome of its case as well.

"Citrogold advises South African citrus growers who have been approached to plant the Tango, to take a cautionary approach before planting Tango, and rather to await the judicial outcome of the interdict application before the Western Cape High Court in Cape Town," the company said.

"Potential growers of Tango should seek clarity about the proceedings in South Africa and the legal and financial implications of the outcome of these proceedings.

"Growers should also consider obtaining a scientific opinion on the whether the Tango is essentially derived from Nadorcott before making any costly long-term planting decisions."

Related story: South African court case to test validity of Tango mandarin variety

Photo: University of California

www.freshfruitportal.com