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He has been charged the owner of the property by alleged offense against intellectual property, lacking the authorization of the plant breeder
In the first phase of the operation it was charged four people and seized 4,500 plants in a nursery of Jumilla
The Civil Guard in the region of Murcia has developed the second phase of the operation ROYALTY 'research aimed at clarifying the cultivation of fruit varieties, whose reproduction and multiplication is subject to payment of the fees to the patent holder, who It has resulted in the assignment owner of a holding Jumilla, on suspicion of crimes against industrial property.
The Nature Protection Service (SEPRONA) began the second phase of the operation when it detected in a farm in Jumilla allegedly were being exploited apricots variety Albasol, genus Prunus Armeniaca, without permission, which were patented and recorded by an industry research firm.
Given the suspicions that were already under farm cultivation through channels other than the regulated and evading the payment of the fees, the Civil Guard conducted a sampling in order to determine exhaustively the origin of the material plant investigated.
The sample analysis has allowed researchers to irrefutably prove that the plant material used was under the protection of industrial property right, so, after obtaining all necessary evidence, has proceeded to the owner complaint holding, on suspicion of crimes against intellectual property.
The offense against intellectual property is typified in the Penal Code and defines it as that, for agricultural or commercial purposes without the consent of the holder of a plant variety, with knowledge of his record, produce or reproduce, condition with for the production or reproduction, offers for sale, sells or markets otherwise export or import, or possess for any of these purposes, plant propagating material of a protected plant variety under national legislation or EU on the protection of plant varieties shall be punished with imprisonment of one to three years in prison.
The proceedings initiated and the seized have been made available to the Court of Instruction No. 1 of Jumilla (Murcia).
Operation 'ROYALTY'
Earlier this year, the SEPRONA began operation 'ROYALTY' research aimed at clarifying the cultivation of fruit varieties subject to the payment of the fees to the patent holder, the first phase culminated in April with the allocation of four, as alleged perpetrators of crimes against industrial property, and the seizure of 4,500 plants in Jumilla and Abarán.
The cases investigated relate to reproduction and economic benefits through the exploitation of protected plant varieties, without the owner of a plant variety of, this crime that can be punished with imprisonment of six months two years.
This practice constitutes unfair competition in the sector, in addition to direct harm to the research company, with costly investments, improve the quality and production of agricultural products that arrive on our tables.
In the investigation, the Civil Guard has enjoyed the cooperation of GESLIVE, a subsidiary of the National Association of Plant Breeders.
Source: Ministerio del Interior
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