A Cali. farmer is giving away tons of nectarines that he's not allowed to sell
A California farmer, unable to sell his patented nectarine variety due to a legal dispute over licensing fees, is giving away tons of the fruit for free. The farmer grew the variety under a license but says the patent holder demanded exorbitant new fees, leading to a lawsuit and a court order preventing him from selling the harvest.
Background
- The article covers a legal dispute between a California farmer (Andy Janzen) and Sun World International, a major fruit company that owns plant patents on specific nectarine and plum varieties. Janzen grew the patented fruit but is not licensed to sell it, so he's giving it away for free instead.
- Plant patents give breeders or companies exclusive rights to propagate and sell a specific variety for 20 years. Farmers who plant patented trees without a license (or whose trees are pollinated by patented varieties) can be liable for infringement, even if they didn't intend to.
- This case highlights growing tensions between large agribusiness IP holders and small farmers over who controls fruit genetics. Similar conflicts have erupted over grapes, almonds, and strawberries.
- The outcome could affect how broadly patent holders can enforce rights against farmers whose orchards unknowingly or incidentally contain patented plant material.