Voor-Groenberg Nursery CC and Another v Colors Fruit South Africa (Pty) Ltd (A21/12)
Voor-Groenberg Nursery CC and Another v Colors Fruit South Africa (Pty) Ltd (A21/12) [2012] ZAWCHC 157 (23 August 2012)
The court found that Colors Fruit South Africa (Pty) Ltd did not discharge the onus of proving that ownership of the plant material had been transferred to it by AMC or Sheehan Genetics. The absence of a reservation of ownership clause in the sub-licence agreement did not, in itself, indicate an intention to transfer ownership. Neither the head licence nor the sub-licence dealt with the ownership of the physical plant material, and there was no evidence that Sheehan Genetics or AMC intended to transfer ownership to Colors. Industry norms, supported by expert evidence, indicate that ownership…
Source excerpt
- Plant Breeders Rights Act
- Ownership Transfer
- Licensing Agreements
- Rei Vindicatio
- Industry Norms
- Principal Agent Relationship