Nador Cott Protection SAS v Asda Stores Ltd & Anor [2026] EWHC 553 (Pat) (12 March 2026)

Nador Cott Protection SAS v Asda Stores Ltd & Anor [2026] EWHC 553 (Pat) (12 March 2026)

Tang Gold/Tango is an essentially derived variety of Nadorcott under s.7 of the Plant Varieties Act 1997, as it is predominantly derived from Nadorcott and retains the expression of essential characteristics except for differences resulting from irradiation. The claimant did not have a reasonable opportunity to exercise its rights before the harvested material was obtained, so the reasonable opportunity exception in s.6(3) does not bar the claim. The scope of the Nadorcott PBR extends to the harvested material of Tang Gold/Tango sold/imported by the defendants.

Citation
[2026] EWHC 553 (Pat)
Parties
Claimant: Nador Cott Protection S.A.S.; First Defendant: ASDA Stores Limited; Second Defendant: International Procurement and Logistics Limited
Jurisdiction
England and Wales
Judgment Date
12 March 2026
Procedural Posture
Intellectual Property Plant Breeders' Rights Infringement / Final Judgment After Trial Under Shorter Trial Scheme
Outcome
Claim for infringement of Nadorcott PBR upheld; defendants liable.
Legal Topics
Essentially Derived Varieties, Statutory Interpretation, Scope of Plant Breeders' Rights, Infringement, Reasonable Opportunity Exception
Intellectual Property Plant Variety Rights Essentially Derived Varieties Statutory Interpretation Scope of Plant Breeders' Rights Infringement Reasonable Opportunity Exception

Case Brief

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Parties

Nador Cott Protection S.A.S.

Claimant

ASDA Stores Limited

First Defendant

International Procurement and Logistics Limited

Second Defendant

Procedural Posture

Intellectual Property Plant Breeders' Rights Infringement / Final Judgment After Trial Under Shorter Trial Scheme

Legal Issues

  1. 1 Whether Tang Gold/Tango is an essentially derived variety (EDV) of Nadorcott under s.7 of the Plant Varieties Act 1997
  2. 2 Whether the claimant had a 'reasonable opportunity' to exercise its rights before the harvested material was obtained under s.6(3) of the Act

Ratio Decidendi

Tang Gold/Tango is an essentially derived variety of Nadorcott under s.7 of the Plant Varieties Act 1997, as it is predominantly derived from Nadorcott and retains the expression of essential characteristics except for differences resulting from irradiation. The claimant did not have a reasonable opportunity to exercise its rights before the harvested material was obtained, so the reasonable opportunity exception in s.6(3) does not bar the claim. The scope of the Nadorcott PBR extends to the harvested material of Tang Gold/Tango sold/imported by the defendants.

Court Disposition

Claim for infringement of Nadorcott PBR upheld; defendants liable.

Orders

  • Defendants restrained from importing, selling, or marketing Tang Gold/Tango mandarin fruit in the UK without claimant's authority.
  • Defendants to account for profits and pay damages to claimant.