A farmer in the crosshairs of agrarian justice
In the region of Segriàprovince of Lleidaa farmer was arrested and investigated by Civil Guard to reproduce and market a protected nectarine variety without counting on authorisation nor pay the corresponding costs to holders of exploitation rights of this plant variety. The case was the subject of media attention And legal debate inside Spanish agricultural sector after being reported by national media.
What variety did you grow?
The alleged offense is linked to the so-called ‘nectadive’A nectarine variety developed by Fruits Agro Selections and considerate precious for his transport resistance and their organoleptic characteristics. This variety is protected by plant property titleswhich requires specific licenses for your reproduction, marketing And reframe.
Legal protection of new varieties
THE varieties of vegetablesas ‘nectadive’are protected in the same way as industrial patents: THE breeders They can save their creations and get exclusive rights during a certain period of time. In Spain and in the European Unionthis is regulated by plant variety protection laws this strength pay fees for the use of these varieties.
Detection and investigation
THE Civil Guard began the investigation after a complaint presented by the rights holders on variety. The agents carried out inspections In three agricultural plots where they detected around 5,000 trees grafted with the protected variety without authorisation and without the correspondent payment of fees. He genetic analysis samples confirmed that they coincided with the registered variety.
Possible fines and sanctions
THE reproduction, marketing and use without authorization protected varieties can constitute a crime against industrial property. In this context, the farmer indicted is exposed to a fine of up to 288,000 euros and, according to legal relationshipseven to prison sentences among one and three years if it is considered that he acted with profit motive.
Why is the fine so high?
The maximum amount of the sanction responds to the application of the Plant Variety Protection Act and the criminal legislation linked to the industrial property. When it’s done production or trade of protected plant material without consent of the owner and without pay feesthe regulation provides major economic sanctions to dissuade the illegal reproduction of exclusive cultures.
Precedents and agrarian context
Similar cases, although smaller, have been recorded in the past Spain And other European countriesOr nurseries or farmers they faced sanctions reproduce patented varieties without license. These background show that violations of this type are not only legalbut they also imply high costs for offenders if they do not regulate their agricultural activity according to the regulations in force.
Implications for the agricultural sector
This affair generated worry between producers and agricultural associationssince it increases questions about the distribution of protected varietiesTHE validity of plant variety rights and the impact of high financial penalties In family farms or small. The correct application of property rights to plants requests regulatory clarity And mechanisms which allow farmers to access licenses and accomplish your legal obligations without endangering the viability of their farms.
In a context of continuous varietal innovationTHE protection of new crops is the key to encouraging investment in R&Dbut this also requires a balance with the productive and economic needs of the agricultural sector.
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