Two Spanish court rulings have reinforced the legal risks of illegally multiplying and selling protected plant varieties, setting an important precedent for the horticultural sector.
The Provincial Court of Almería and the Court of First Instance of Valencia have both made clear that unauthorized reproduction and commercialization of protected plant material can carry serious legal consequences, including criminal liability for offenses against industrial property.
The rulings come as plant innovation plays an increasingly critical role in helping agriculture respond to climate change, emerging pests, reduced input use and the need for higher productivity, according to a press release from Anove.
“Behind every new variety are years of research, investment, and knowledge: developing a new plant variety can require between eight and ten years of work and millions of euros of investment,” explains Antonio Villarroel, CEO of Anove. However, “part of this effort is threatened by illegal propagation practices that erode competitiveness and create unfair competition.”
In Almería, the court found that certain tomato grafting practices were illegal when they produced reproductive material later marketed without the breeder’s authorization. The court held that preserving and using this material for propagation infringes industrial property rights and may constitute a criminal offense.
In Valencia, the court condemned the extraction of seeds from protected onion varieties for reuse and sale to other farmers, reaffirming that protected material cannot be used without authorization from the breeder.
The impact extends beyond breeders. Illegal propagation also harms nurseries, producers and farmers who follow the law. It also creates risks for the wider supply chain, as uncontrolled plant material may lack guarantees for varietal identity, genetic purity and phytosanitary status.
The message from the courts is clear: protecting plant innovation is essential to the sustainability, competitiveness and security of the agri-food chain — and violations will not go unpunished.
