TEO stars 92 legal actions against the illegal exploitation of mandarin Orri
The compliance organization S.L. (TEO) exclusive master licensee of the Orri variety in Spain and Portugal in the period 2017-2018, a total of 92 legal actions for illegal exploitation of mandarin Orri that can affect 172 hectares, more than 80,000 trees.
These actions have been carried out in the following way. By communities, 85.23% of the cases correspond to the Valencian Community and would affect some 45,000 trees; 6.82% to Andalusia that would correspond to about 16,000 plants; 6.82% to the Region of Murcia, would affect some 14,000 trees and 1.14% to Catalunya.
They would affect about 172 hectares, more than 80,000 trees. Of the 92 legal actions, 24 cases have been reported by criminal law.
Of the legal actions undertaken, 68 have been processed by civil law, while a total of 24 involving 38,000 trees (more than 69 hectares), have been processed by criminal law for a possible crime against industrial property. In all cases (civil and criminal) is claimed: the destruction of illegal plant material of the variety and compensation that, according to Community and national jurisprudence, ranges between € 30 / tree (in the period of temporary protection) and € 60 / tree (in the definitive protection period).
That is, a total of € 90 / tree when the illegal exploitation of the variety has been carried out during both periods.
To date, a total of 40,000 illegal Orri mandarin plants have been eliminated in Spain, distributed in more than 80 hectares. From TEO have recalled that “it is public and notorious that this variety is protected in the European Union with the title of plant variety.
Therefore, in Spain and Portugal, without the consent of TEO, the production or reproduction (multiplication) of plant material, the preparation for the purpose of propagation, its sale or sale, export and import into the EC is prohibited, as well as its storage, without the authorization of the master licensee exclusively of the variety “.
They also recalled that “there is a labeling system that identifies the legal origin of the production, so that any operator has public access to know the location of all the plots authorized by the breeder for the exploitation of the variety, and therefore legal, through https://www.orcspain.es/sublicenciados/ “.
In addition, a campaign of inspections at points of sale has been launched, from which indications have been obtained of approximately 400 tons of Orri mandarin from illegal plantations.
Finally, they have highlighted “the effectiveness obtained in the various open legal actions, since none of them has been dismissed and, in many cases, has led the offenders to request extrajudicial agreements to avoid going to court.” Also, they have indicated that “these agreements have not meant, in any case, the regularization of the illegal plantations, since the elimination of the vegetal material is obligatory, as well as the payment of an indemnification and the diffusion in press of this elimination in charge of the offender “.
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