Mountain Blue Successfully Enforces its PBR
Brisbane, October 11– the Australia-based Mountain Blue Orchards has won a legal battle over the unauthorized propagation, production and sale of its blueberry variety Ridley 1111.
The Federal Court of Australia (Queensland) entered orders that the respondents had infringed the Mountain Blue’s PBR in relation to propagating and harvested material of the variety. The Court ordered the respondents to restrain from any further infringement and, within 14 days, to deliver all illegally produced propagating and harvested material for destruction in the presence of the applicant. The respondents were also ordered to pay Mountain Blue $290,000 on account of compensatory damages, additional damages, interest and costs.
Alanna Rennie of Baker McKenzie Sydney commented: “The amendments to the Australian Plant Breeder's Rights Act 1994 (Cth), which provide more robust tools for enforcement, came into effect early this year. These amendments include, among other things, the right for exclusive licensees to take enforcement action, additional damages for infringement and provisions dealing with unjustified threats of infringement. The Court orders in the Mountain Blue case show the use of the amendments in practice and can be utilised by the industry to show that there are consequences for PBR infringement so as to deter infringers.”