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Plant Varieties - Nador Cott Protection v ASDA

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  Jane Lambert Patents Court (Mr Justice Mellor) Nador Cott Protection SAS v Asda Stores Ltd and another [2026] EWHC 553 (Pat) (12 March 2026) This was a claim by Nador Cott Protection SAS against ASDA Stores Ltd, and International Procurement and Logistics Ltd. for the alleged infringement of Plant Breeders' Right number 28016 by importing    Tang Gold oranges into the UK and retailing them to the British public.  The action came on for trial before Mr Justice Mellor on 25 and 26 Nov 2025.  By para [359]  of his judgment in  Nador Cott Protection SAS v Asda Stores Ltd and Another [2026] EWHC 553 (Pat), which he handed down on 12 March 2026, the learned judge dismissed the action. Issues His lordship set out the issues in the trial as follows: whether the Tang Gold fruit was a dependent variety of Nador Cott's ("the dependent variety issue"), and if it was whether Nador Cott Protection had lost its right of action because it  had  a rea...

IP after Brexit: The Government's Guidance

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Author: S Solberg J Licence Creative Commons Attribution 3.0 unported Source Wikipedia Jane Lambert Ever since the referendum and indeed before it I have tried to anticipate the legal protection for brands , designs , technology  and creativity  if and when the United Kingdom leaves the European Union (see Were we to go - what would Brexit mean for IP?   26 Feb 2016, What Sort of IP Framework do we need after Brexit and what are we likely to get?   3 July 2016  and IP Planning for Brexit 7 Dec 2018).  Much will depend on the terms upon which we leave the EU and our relationship after departure. Since the 23 Aug 2018 the government has published guidance on  How to prepare if the UK leaves the EU with no deal .  That guidance covers everything from Applying for EU Funded Programmes to Workplace Rights.  I commented about it in And if there is no deal ..................   24 Aug 2018 NIPC Brexit,  Topics in...