BLOOM FRESH International Limited (BLOOM FRESH), a leading premium fruit breeding company, achieved a significant legal victory in Italy regarding the infringement of its proprietary varieties. The court in Bari has ordered the infringing grower to remove all illegal vines at their own expense even before the first instance judgment.

Moreover, in addition to a civil case awaiting a judgment for damages, there are also several ongoing criminal proceedings for non-compliance with seals placed by the court-appointed custodian and for the usurpation of industrial property rights.

The owners of the farm in question have long positioned themselves as a public adversary to breeders. They have been well known for using the media to encourage other Italian growers to ignore intellectual property laws and support widespread violations, all while boasting about the significant profits they have generated from illegal plantings and by evading paying the same fees as legitimate growers.

In a definitive decision, the court has ruled that this grower must remove all illegal IFG ELEVEN (Sugar CrispTM) plants that were planted without BLOOM FRESH’s authorization. This is an important step in restoring respect for intellectual property rights within the Italian agricultural industry.

This is the second case that this particular grower has lost in the Italian courts against plant breeders, with their previous attempt to use antitrust laws to undermine the foundation of intellectual property rights and cast doubt on breeders' capacity to enforce their rights, having been in vain.

Josep Estiarte, CEO BLOOM FRESH had this to say. "With this decisive court ruling, and the financial penalties that have been imposed, a powerful message has been sent to those contemplating the illegal planting of BLOOM FRESH varieties. Infringement of our intellectual property is a serious offense, and we will relentlessly pursue legal action against those who flout these regulations and ensure they face similar repercussions."

With the plants already removed, and the process scheduled for completion in December 2024, this represents one of the most significant actions taken against unauthorised cultivation of fruit varieties in Italian history. The ruling not only emphasises the importance of compliance with intellectual property laws but also reinforces BLOOM FRESH's dedication to safeguarding the interests of legitimate growers worldwide.

Estiarte added: "The integrity of our brands and maintaining the trust and confidence that our legitimate growers place in us is paramount.

Upholding our intellectual property rights is crucial not just for BLOOM FRESH, but for the entire agricultural community that relies on adherence to legitimate practices to drive quality and innovation." BLOOM FRESH remains vigilant in monitoring the global marketplace for potential infringements. The company's proactive approach includes employing specialised legal teams and performing regular evaluations to protect its exclusive varieties and trademarks.

As a founding member of The Global Breeders Alliance, BLOOM FRESH collaborates with a network of experts dedicated to identifying and addressing violations of intellectual property rights in the produce industry. Through initiatives such as DNA testing and collaboration with retailers and distributors, BLOOM FRESH continues to advocate for fair practices in agriculture.

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