The US courts have ordered the payment of one million dollars to a Michigan nursery, Hartmann's Plant Company, for the multiplication and unauthorized sale of cranberry varieties to producers in Huelva. The information provided from Spain has been fundamental for the ruling to give the reason to Florida Foundation Seed Producer (FFSP), company owner of the rights of plant varieties obtained with his research at the University of Florida. The ruling includes the permanent prohibition to this nursery to produce and sell blueberry varieties obtained by this university and licensed by FFSP.

El tree of blueberries in southern Spain
All varieties of blueberries grown in Huelva derive directly or indirectly from the research started more than 60 years ago at the University of Florida. Through genetic crossings, their researchers managed to adapt the Highbush blueberry, a species typical of cold climates, to areas of mild winters, giving rise to a new category, the Southern Highbush. Its commercial development has been a resounding success around the world, including the southeast of Andalusia.

The province of Huelva concentrates the 97% of the national production of red fruits and almost the 30% of the European one. The extension dedicated to the cultivation of blueberries has grown in the last five campaigns over an 150%, an unprecedented increase that makes the blueberry a great hope for farmers in the coming years. Billing figures already exceed 160 million euros.

But the high demand for cranberry plant in recent years has also stimulated the ambition of some farmers in Huelva who are illegally producing and marketing plant material irregularly, lacking the corresponding administrative authorization and without authorization from the breeder.

The University of Florida, surprised, worried and forceful
In order to analyze piracy practices on the ground, John Beuttenmuller, director of the Florida Foundation, recently visited the Andalusian company Rústicas del Guadalquivir, an exclusive licensee for blueberries in the EU and North Africa. The company has a catalog of 26 varieties, including the so-called Snowchaser, Emerald and Jewel.

Beuttenmuller has indicated that "the research of the University of Florida has allowed the development of cranberry cultivation in temperate zones like those of southern Spain, and this has already provided important income for the sector, which continues with excellent future prospects. But the sustainability of our varietal improvement programs and the future of our research, he added, depends on the royalties generated globally. That is why we will not accept that our rights be trampled and we will not hesitate to deny licenses to violators, both strawberry and blueberry. "

For his part, the President of Rustic of the Guadalquivir, José Gandía, said that the teams of the University of Florida "are very surprised that some farmers carry out this type of corrupt practices that, of course, are worrisome not only because They violate the industrial property law but also because they distort the market, harm honest farmers and seriously damage the image of the Huelva berry sector. "

When a few put the sector in danger
Indeed, the negative consequences for the sector are many and increasingly worrisome. From Geslive (Plant Licensing Management) it is stated that "the unfair competition created by illegal reproduction leaves farmers and legal nurseries without the added value and differentiation of their product. This illicit trade operates within the underground economy, makes it impossible to trace the plant material and facilitates the spread of viruses and other diseases. The sale of plants generates tensions among farmers, cooperatives and companies in the sector and spreads a negative image of the sector abroad, favoring the commercial interests of competing countries. "

An added risk, with serious long-term consequences, is that breeders, given the ease of multiplication, decide to limit access or not introduce the latest generation varieties in Spain, with the consequent loss of competitiveness for the sector.

On the other hand, in recent years have been dictating sentences in Spain that condemn fines, prison sentences, start of plantations or destruction of plants to those who infringe intellectual property rights. Currently, several legal proceedings against unauthorized producers in different municipalities of the province of Huelva are ongoing and new complaints to SEPRONA are not ruled out. The University of Florida and Rustics of the Guadalquivir have a list of people and entities that are currently being prosecuted for possible crimes against their industrial property and which can be consulted by distributors and marketers.