A South African blueberry grower has claimed "a momentous victory" for growers as Dutch authorities released two shipments of their blueberries yesterday, seized earlier this month.

In a press release last night, Ross Berries stated: “United Exports [has] had to agree not to interfere with any further marketing of Ross Berries blueberries, provided, among other things, United Exports' OzBlu® trademark is not used. ”.

United Exports has called the victory claim "patently false" and a misunderstanding of the legal and business consequences of violating its property rights. The producer-exporter contends that the shipments of its blueberry varieties represented a breach of the license by Ross Berries and Rossouw Farming Group.

Ross Berries challenges United Exports' permit requirement to market blueberries, alleging that United Exports has only registered PBRs for two of the nine varieties they acquired from United Exports (United Exports has not yet responded to this Claim ).

“United Exports is being exposed for not having registered all the varieties sold to farmers and having claimed royalties for these plants for many years. [Chris] Rossouw has instructed Ross Berries' legal team to initiate claims against United for royalties paid to date for those varieties that the company led Ross Berries to believe had been registered. Losses incurred as a result of the fruit seizure in the Netherlands will also be claimed, ”Ross Berries said in his press release.

Ross Berries sustains dubious marketing practices
“We are free to market our fruit however we want until the plant ownership dispute is finally resolved in March 2021,” adds Chris Rossouw, director of Ross Berries.

“Several other farmers who signed contracts with United Exports to plant their alleged licensed cultivars have since suffered huge losses as dubious marketing practices have led to below market value returns on the farm. Attempts by these farmers to sell their blueberries on the open market resulted in intimidation tactics by United Exports, as seen with the shipment of Ross Berries being unilaterally seized and United Exports vowing to discredit Ross Berries in the media. communication ".

Farmers “held back” by fruit sold below market value

Ross Berries posits that certain South African blueberry growers are "being destroyed" by "unscrupulous" exporters and plant breeders and that some farms have gone bankrupt as a result.

“In the end, the farmer takes all the risks, creates jobs, pays huge amounts of royalties, but then has to pay a ransom when he is paid a fair price for the fruit. Today's victory is the first step in ending this vicious cycle. It is a victory for anti-competitive practices and free market systems, which will serve to boost the entire blueberry industry. "

Blueberry orchard establishment is particularly capital intensive (photo provided by Ross Berries)

United Exports declares that confidential arbitration proceedings between the parties will continue. “When the 2020 season ends, the right of Rossouw Farming Group to continue producing United Exports patented OZblu® blueberries must be agreed again with United Exports, otherwise the right of Rossouw Farming Group to continue producing United Export patented OZblu® blueberries will end. .”

United Exports did not elaborate on the implications of the container release in legal proceedings that the Dutch Customs Authority had initiated against another South African exporter, Freshworld, an unidentified international shipper, as well as the Belgian importer of the disputed blueberries. .