Vandel Potatoes I/S wins appeal infringement case against Knud Kristensen ApS

Danespo's potato variety Folva, the variety that was at the center of this dispute.

Danespo's potato variety Folva, the variety that was at the center of this dispute.

December 10, 2015
In September, Breeders Trust' shareholder Danespo, through its Breeding company "Vandel Potatoes" located at Give (Denmark), in Appeal has achieved a major victory in a lengthy lawsuit against the Danish potato trader Knud Kristensen ApS, led by UNIPATATAS major shareholder Jens Kristensen.

The dispute dates back to 2010 when the firm Knud Kristensen without the consent of the variety owner multiplied in the years thereafter and traded the protected variety Folva. The Higher Court ruled that for that reason this was an infringement on Plant Breeders' Rights. Knud Kristensen ApS was sentenced to pay all losses including potential profits from the variety owner.. The compensation was determined by the Court of Viborg on DKK 1.000, - per ton resulting in a total of over DKK 993.425,- On top of that, Kristensen was ordered to pay court and additional costs such as interest compensation amounting to more than DKK 410.300, -

In response, a contented Breeders Trust general manager, Geert Staring in Brussels announces: "a fine of altogether almost 200,000 euros (DKK 1.400.000) for 1.000 tons of seed potatoes. We will let the world know that we now know where you stand when you multiply protected seed potatoes and trade those afterwards without the permission of the variety owner."
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