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Legal Action Over Unauthorised Sales of Nadorcott Mandarins by UK Retailers
Nador Cott Protection S.A.S., a Scientific Research and Development Services Company, that holds the intellectual property rights for the Nadorcott mandarin variety (thanks to a UK Plant Breeder Right) has been taking aim at nine major retailers in the UK regarding unauthorised sales of Tango/Tang Gold.
On January 2, 2025, it initiated a lawsuit against Asda, the second-largest retailer in the UK, for patent infringement. This legal action follows the company’s successful settlement with Sainsbury’s last year.
Nador Cott has been targeting several major UK retailers for alleged violations of its patent-protected Nadorcott mandarin.
Intellectual Property and Agricultural Practices: The Asda Lawsuit Over Plant Varieties
The lawsuit against Asda centres on critical intellectual property rights issues concerning agricultural products and plant varieties. The "Tang Gold" mandarin is classified as an "Essentially Derived Variety" of the Nadorcott mandarin, safeguarded by UK Plant Breeder Rights legislation.
This ongoing dispute underscores the complexities surrounding agricultural practices across different countries and the commercialisation of specific plant varieties. In light of rising scrutiny regarding the sourcing of plant products, there is a heightened concern about the unauthorized use of patented varieties, particularly within major retail chains that operate on a globally.
Nador Cott is committed to protecting its substantial investment in the breeding and developing the unique traits associated with the "Tang Gold" mandarin, which entails significant research and development expenses. By pursuing legal action, Nador Cott aims to enforce its intellectual property rights and prevent retailers from profiting from its proprietary variety without authorisation.
Intellectual Property Solicitors: Navigating Agricultural Innovation and Patent Rights in the Asda Case
For intellectual property lawyers, this case represents a significant intersection of agricultural innovation and the enforcement of patent rights, as companies navigate the delicate balance between competitive practices and the legal protections afforded to their unique agricultural products.
To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. The writer is an Internet and digital technologies + entertainment law specialist, owner and principal solicitor at PAIL® Solicitors. Peter Adediran's specialist niche practice areas are digital media business SMEs and IP, both contentious and non-contentious.