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

Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
The platform’s proactive intellectual property enforcement helps brands spot and kill fakes, so they can focus on growth. Managing IP learns more about the programme
Hire of José María del Valle Escalante to lead the firm’s operations in ‘dynamic’ Catalonia and Aragon regions follows last month’s appointment of a new chief information officer
The London elite have dominated IP litigation wins for the past 10 years, but a recent bombshell AI case could change all that
Two New Hampshire IP boutiques will soon merge to form Secant IP, seeking to scale patent strength while keeping a lean cost model
While the firm lost several litigators this month, Winston & Strawn is betting that its transatlantic merger will strengthen its IP practice
In other news, Ericsson sought a declaratory judgment against Acer and Netflix filed a cease-and-desist letter against ByteDance over AI misuse
As trade secret filings rise due to AI development and economic espionage concerns, firms are relying on proactive counselling to help clients navigate disputes
Gift this article