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South Africa decisions
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Costa NO and Others v Arvum Exports (Pty) Limited and Others (969/2016) [2017] ZASCA 113 (21 September 2017)
The Supreme Court of Appeal held that a trustee resolution did not authorize Mr Costa to conclude fruit-supply agreements, and no plant breeders’ rights infringement was shown.
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
Colors Fruit (South Africa) ( Pty) Ltd v Voor-Groenberg Nurseries/Kwekerye CC and Others (14891/2011) [2011] ZAWCHC 453 (16 September 2011)
The High Court held that Colors Fruit owned the disputed Sheehan grape plant material and ordered delivery, with an interdict against the second respondent.
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