Six months in prison and a 3.000 euro fine. This is the sentence handed down from the court of Nocera Inferiore to a producer who, in the San Valentino Torio area, had created an intensive cultivation of San Marzano tomatoes.
Nothing strange, except for the fact that it is a variety developed and protected by a company associated with the Shame, Anti-Infringement Bureau for Intellectual Property Rights on Plant Material in Brussels.
The president of the court, Sergio Marotta, therefore, declared the producer, who had requested a plea bargain, guilty of the crime under article 517 ter of the penal code (Manufacture and trade of goods produced by usurping industrial property titles) for having carried out intensive cultivation of San Marzano tomato whose plants were largely reproduced illegally, in total evasion of the payment of royalties in favour of the breeder (to cite the variety or the producer their consent is required).
Therefore, the virtuous collaboration between the AIB, the Carabinieri and the administrative authorities responsible for the prevention and repression of violations of plant rights continues.
This latest case was reported by an anonymous letter sent to the AIB, but considered highly reliable by the investigative team of the same organization. The letter reported an illicit cultivation under a greenhouse. For this reason, the CEO of the Agency, Ignacio Giacchi, had filed a complaint with the Judicial Authority so that the facts could be verified. The person responsible for the legal proceedings activated by the Anti-Infringement Bureau of Brussels was Carlo Emma of the Palermo Bar.
By delegation of the Public Prosecutor's Office of Nocera Inferiore, the Carabinieri of the Salerno Agri-food Protection Command, accessed the places indicated by the anonymous person, where a significant quantity of tomato plant specimens, presumably reproduced by cuttings, were actually found, subjected to preventive seizure. After the usual investigations, the person responsible for the cultivation had obtained from the investigating judge the authorization to destroy the illegally duplicated plants and had thus obtained the release of the greenhouse intended for the illegal cultivation. The defendant then preferred to negotiate the sentence, the execution of which will remain suspended by virtue of the substantial admission of the charges and the granting of generic mitigating circumstances. Now the civil parties, in light of what was established by the Criminal Court, will have the right to bring a civil action for compensation.
“As AIB we are truly happy with this positive result which helps to confirm, first of all, the commitment of the Italian authorities in the fight against illegal reproduction and, secondly, the effective team that the AIB has at its disposal to identify and fight plant protection violations in Italy – says the director of the AIB Ignacio Giacchi – A heartfelt thanks to the Carabinieri and in particular to the Carabinieri Command for Agri-food Protection for their great professionalism, competence and humanity. This is a victory for all the actors in the agri-food chain who respect the law”.
Article published on 19 January 2025 - 13:54
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