Industrial Property Rights

Plant Variety Rights
The protection of varieties relates to the physical product i.e. the plants and parts thereof which are suitable for propagation. With the protection of a variety the breeder acquires the right to determine who is allowed to propagate.

The protection of varieties authorises the producer to use the individual plant during its entire life span for fruit production. It is prohibited for third parties to use or sell parts of the plant for propagation without explicit authorisation license by the breeder.

53 countries are members of the UPOV Convention (The International Union for the Protection of New Varieties of Plants). The member countries have their own individual laws regarding the protection of varieties. These laws provide the legal basis for the rights of a breeder regarding a specific variety. The breeder can contract out all or part of his right to a company which in return pays a licence fee to the breeder. The licence fees enable the breeder to pursue his work as well as promoting his new varieties.

Varietal names or varietal denominations are the generic designations whereby each variety can be identified as a unique variety with its specific charateristics. In keeping with prevailing international usage, the denominations of our varieties are formed by a combination os syllables or of letters and figures. The first three letters of ad denomination often indicate the origin of the breeder or of the introducer of the variety.

Costs and benefits of licences
New varieties only stand a chance in the market if they offer superior qualities compared with the existing assortment. Therefore, a producer who grows good new varieties has an advantage when competing in the market.

The extra benefits a producer gets from a good variety often exceed the licence fee by far. The best example is the new autumn raspberry Variety 'Rafzaqu': During the average plant life span of 6-8 years, a 40-50 % additional return as compared with existing varieties is possible, even with higher wholesale market prices...

For example, in the case of license of Himbo-Top raspberries the current fee of € -.25 is insignificant compared with the realisable return for the producer.

Infringement of Industrial Property Rights is not a minor offence, rather a total and illegal disregard for the highly qualified and extensive work of the breeder who intensively over years and at his own risk researches and works to produce new varieties.

Trade Mark Protection
PROMO-FRUIT promotes, markets and licenses the plants, plants parts and fruits of its exclusive varieties under attractive registered trademarks which, over the years, have acquired extensive commercial value. Such trademarks are for instance RUBINETTE®, HIMBO TOP®, XENIA® etc... and they are now well in demand from the buying public which identifies them with products of qualitiy.

PROMO-FRUIT sees to it that its licensees refer to said trademarks in accordance with its instructions on all labels, packaging and publicity material advertizing plants of fruits of the Promo-Fruit varieties.
PROMO-FRUIT further reserves the right to inspect said plants and fruits in order to make sure that the quality standards of said products are conform with the minimum requirements necessary to maintain the high standard of the reputation of the PROMO-FRUIT trademarks with the public.

Any unauthorized use of PROMO-FRUIT trademarks is strictly forbidden.


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