Seedy decision: first UK decision for rare IP

When we think of intellectual property rights, we usually think of patents, trade marks and copyright. Maybe design rights, database rights or trade secrets. 

But there is another distinct IP right: plant breeders’ rights. And the English High Court handed down its first judgment on these rights this year: Nador Cott Protection SAS v Asda Stores Ltd [2026] EWHC 553 (Pat).

Background

Nador Cott owned the plant breeder right (“PBR”) for the “Nadorcott” mandarin – apparently sweet, easy-peeling and considered the “king of mandarins”.

Nador Cott found that Tang Gold mandarins had been derived from cuttings from its Nadorcott trees. It believed these mandarins infringed its PBR. When Nador Cott discovered that Asda was importing these Tang Gold mandarins, it went to the courts to enforce its PBR.  

What are plant breeders’ rights?

PBRs were created under the Plant Varieties Act 1997. The rights protect the investment made by plant breeders in creating new varieties. If granted, a PBR allows the owner to prevent others from producing, selling, stocking, propagating, exporting or importing the protected plant. The rights last 25 years for most plants, but 30 years for trees, vines and potatoes. 

What did the court decide?

The court held that Asda had not infringed Nador Cott’s PBR. To infringe the PBR, Asda’s mandarin must have the same essential characteristics as Nador Cott’s PBR. However, the Tang Gold had been irradiated to make it sterile, so its pollen and seeds were not fertile. In contrast, the Nadorcott pollen was fertile and the mandarins would form seeds if pollinated by other mandarin varieties. So the Tang Gold did not have the same essential characteristics as the Nadorcott and the PBR was not infringed.  

Takeaway

PBRs are an usual right, but a valuable one for anyone involved in agriculture or horticulture. I think they will become increasingly important as food scarcity and climate challenges increase. 

Unfortunately this case illustrates some of the limitations of PBRs. In any event, it is good to have clarity and hopefully we will see further clarification and enforcement of these rights in the future.