'Tang Gold' Is Not Essentially Derived From 'Nadorcott' Plant Variety, Finds Patents Court

Key Takeaways

• Court ruled Tang Gold not an essentially derived variety.
• Essential characteristics include pollen viability and seed production for Nadorcott.
• Cascade principle requires reasonable opportunity to enforce rights; not met.
• Decision narrows EDV interpretation, favoring breeding innovation.
• Potential appeal could reshape UK plant variety rights jurisprudence.

Pulse Analysis

The UK Patents Court’s decision in Nador Cott Protection SAS v Asda Stores Limited marks a rare foray into plant‑variety rights litigation, a field traditionally dominated by quiet settlements. By dissecting the genetic lineage of the “Tang Gold” mandarin—derived through irradiation of the Moroccan‑bred “Nadorcott”—the court clarified that similarity alone does not constitute an essentially derived variety. The judgment emphasized that essential characteristics must be tied to the original cultivar’s commercial profile, not to generic species traits, underscoring the nuanced balance between breeder protection and market competition.

Central to the ruling was the interpretation of the Plant Varieties Act 1997’s EDV criteria. The judge focused on two traits—pollen viability and seed production—as essential to Nadorcott’s value chain, because growers must manage pollination and seed removal. By rejecting Tang Gold’s lack of viable pollen and seedlessness as non‑essential, the court set a tighter threshold for what constitutes an EDV. This approach signals to breeders that only traits directly linked to a variety’s economic utility will trigger infringement claims, potentially encouraging more aggressive innovation without fear of retroactive liability.

Beyond the immediate parties, the decision reshapes the cascade principle’s application. The court dismissed the notion that foreign enforcement actions could satisfy the “reasonable opportunity” test, limiting UK PVR holders’ reach over imported harvested material. Consequently, importers like Asda gain clearer guidance on sourcing fruit from jurisdictions without overlapping rights. While an appeal could revisit these interpretations, the current precedent offers the horticultural industry a more predictable framework for developing and commercialising new cultivars across borders.