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Meilland Successfully Enforces PBR in Italy

In February 2012, an alleged PVR infringement in the Bari region was reported to Gamba Studio Legale Associato. The alleged infringers were suspected of the non-authorized production of 10.000 plants of two MEILLAND varieties, Meikatana and Meivanthou, both protected by Community Plant Variety Rights.

SAMOURAÏ® Meikatana by Meilland, Picture credit: Meilland

Based on the Descrizione Giudiziale, the title holder MEILLAND was asked to prove his ownership of the titles (documentary evidence) and to demonstrate that the non-authorized plant material belonged to its rose varieties. After several years of proceedings, a sentence of the Court of Bari was issued on July 9, 2018.

The defendant was found guilty of the infringement of Meilland's PVR and unfair competition. The Court ruled:

- to destroy all illegally produced plants belonging to the Meilland varieties;

- to immediately stop any further propagation of the Meilland's varieties and to apply a € 1,000.00 fine for each additional (continued) violation and a € 100.00 fine for each day of delay in the execution of this provision;

The defendant was also required:

- to pay compensation of € 12,000.00 to Meilland, plus interest;

- to repay most of the € 12.800 legal expenses;

- to reimburse the accounting expert's fees anticipated by Meilland;

- finally, the court decision will be published at the expense of the defendant.

Regardless of the lengthy trial (the entire process took six years to complete), Meilland is very satisfied with the result of the enforcement action.


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