Court clarifies plant variety exhaustion

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Court clarifies plant variety exhaustion

The owner of a plant variety right can bring an infringement action against a third party that has obtained material from a licensee, if the licensee has contravened the licence “to the extent that the conditions or limitations in question relate directly to the essential features of the Community plant variety right concerned”

This is the case even if the third party was aware or was deemed to be aware of the conditions or limitations imposed in the licence, the Court of Justice of the EU has judged.

The Court was ruling in a dispute brought by Greenstar-Kanzi Europe, which had acquired the exclusive right to the plant variety for Nicoter apple trees, against Jean Hustin and Jo Goossens.

They had bought 7,000 Nicoter trees from a company called Nicolaï, which had a licence to the plant variety right.

When the lower courts in Belgium diverged over whether or not Hustin and Goossens were bound by the contractual restrictions imposed on Nicolaï, the Court of Cassation referred two questions to the Court of Justice of the EU.

Plant varieties are protected in the EU by Regulation 2100/94 on Community plant variety rights, amended by Regulation 873/2004.

more from across site and SHARED ros bottom lb

More from across our site

News of Dolby suing Snap over AV1 and HEVC patents and SCOTUS offering guidance on the liability of internet service providers were also among the top talking points
Arrival of Caitlin Heard will bolster the soon-to-be-created Ashurst Perkins Coie’s IP presence in the capital
AI, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Sharad Vadehra of Kan & Krishme discusses why older IP firms still have an edge over up-and-coming boutiques and how the firm is using AI to provide quick and cost-effective service
Lawyers at Appleyard Lees share how they picked apart a plant breeder’s infringement claims concerning the ‘Tango’ mandarin
A further decision on long-arm status, and a new hire for Pentarc in Germany from Taylor Wessing were also among top developments
The US decision marks a rare grant of a request under the Uniform Fraudulent Transfer Act in a patent case
Stobbs has applied to strike out a contempt of court application filed against the firm and two of its lawyers
With trademark volumes surging, trademark teams need to think beyond traditional clearance searches, towards a continuous, intelligence-led workflow, says Meghan Medeiros of Corsearch
Gift this article