BARI IP COURT ANNULS SUNWORLD ITALIAN PATENT FOR SUGRAONE GRAPE VARIETY FOR LACK OF NOVELTY

The Court of Bari in a ruling “declares the nullity of the Italian patent No. 1338, issued in favor of Sun World International LLC” of the seedless grape “Superior Seedless” giving reason to the defendant in the lawsuit, The “Gianni Stea import export,” an Apulian agricultural company represented by Lawyer Roberto Manno of WebLegal Associated Law Firm.

During the trial, in fact, it was found that that type of grape had already been marketed in the U.S. and therefore did not have the novelty requirement for its registrability according to international (UPOV) and national (UIBM) regulations.

The court also rejected the claim that the company “Gianni Stea” had engaged in unfair competition practices as well as trademark infringement: “Even if one were to admit that there is evidence in the record that the distinctive sign in question had a widespread nationwide establishment of its distinctive force so as to become notorious (see Articles 2 co. 4 and 12 co. 1 lett. a) c.p.i. ) and to overcome even the alleged lack of distinctiveness, the conduct of infringement complained of was not carried out by the defendant company since the grapes marketed by it cannot logically, if one accepts the plaintiff’s thesis of the unauthorized use of reproduction or multiplication materials of a protected variety, be distinguished by the mark in question because the contested infringement presupposes the marketing of an original product from which the mark legitimately affixed has been removed. But there is more, in the case, as in the present case, of established nullity of the patent, a null patent cannot be expected to be associated with a given trademark.”

The full ruling of the Court of Bari is available by clicking here.