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Canada Wins Landmark Cherry Case

Canada Wins Landmark Cherry Case


By Jamie Martin

A pivotal ruling by the District Court for the Eastern District of Washington on August 22, 2024, has determined that the “Glory” cherry is, in fact, the Staccato® cherry, a renowned late-season variety developed by Agriculture and Agri-Food Canada (AAFC).

This decision concludes a protracted legal dispute involving AAFC and three U.S.-based defendants.

The case revolves around Gordon Goodwin, a Washington orchardist who asserted that he discovered the “Glory” cherry and claimed it as his own. The other defendants include Van Well Nursery, Inc., which allegedly transferred a Staccato® tree to Goodwin under false pretenses, and Monson Fruit Company, which markets “Glory” cherries.

To support its position, AAFC presented comprehensive DNA evidence through advanced phenotypic analysis and genome sequencing using PacBio technology, recognized as the leading method for accurate DNA testing.

The court emphasized that AAFC’s scientific evidence was compelling, contrasting it with the defendants’ less credible claims.

Sean Beirnes, General Manager of Summerland Varieties Corp., expressed satisfaction with the ruling, stating, “This decision vindicates our long-held belief that ‘Glory’ is indeed Staccato®.” He highlighted the importance of protecting Canadian agricultural advancements and indicated that the ruling serves as a cautionary tale for those looking to exploit AAFC’s innovations.

Summerland Varieties Corp. has been instrumental in managing intellectual property rights for fruit breeders, boasting decades of experience in plant protection and licensing. This ruling reinforces the commitment of AAFC and its partners to safeguard investments in agricultural research and development.

As the agricultural sector absorbs the implications of this ruling, questions remain about its impact on both Canadian farmers and U.S. growers, particularly concerning the enforcement of intellectual property rights in plant breeding.

Photo Credit: pixabay-couleur


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