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

A Tokyo District Court ruling concerning movie spoilers, and a second chance for VLSI against Intel were also among the top talking points
Practitioners believe new AI tools at the USPTO will not replace lawyers or disrupt revenue, but instead expose where a trademark attorney’s value lies
Leighton Cassidy Legal hopes to leverage its founder's international experience and provide clients with a rare chance to receive litigation and prosecution under one umbrella
UKIPO rejects trademark application for 'Cristiano Ronaldo Origins' following opposition by Beck Greener client in a rare case that considered actual use
Partners at both firms have voted in favour of the tie-up, which marks ‘the largest law firm merger in history’
Head of IP, Andrew Brennan, and new partner, France Delord, explain how tech provides an edge in the battle for global brand owners’ business
Anton Hopen, shareholder at Trenam Law, shares how counsel should construct Section 101 claims as early 2026 PTAB data shows reversals rising in technical cases
Law firms should consider how they can help clients, as report calls on EU to use IP-backed financing to increase bloc’s competitiveness and attractiveness for businesses
In the final part of a series on challenging patent invalidation decisions in China, lawyers at Spruson & Ferguson and Marshall Gerstein share how courts adjudicate appeals
Stijn Debaene and Carina Gommers want Brussels-based Cast Law to be the place 'everybody wants to work'
Gift this article