Posted February 5, 2014
University of California officials say a lawsuit over
the rights to berry research and varieties is on hold as UC-Davis and the
California Strawberry Commission negotiate a settlement, according to an
article by The Packer available here.
The California Strawberry Commission filed the lawsuit
on October 8, 2013 in Alameda County Court.
The lawsuit claims that UC-Davis breached its contract with the Commission for strawberry germplasm specifically developed and paid for by the
Commission.
In early 2012, two researchers announced their intent
to resign and take the germplasm and research “to establish a private company
to research and breed strawberries.” The
university notified the Commission that “it planned to terminate the breeding
and research program and said it will no longer sell new strawberry varieties
to the growers.”
The Commission argues that growers have paid $60
million to the university since the 1950s to directly finance strawberry
breeding, and in royalties to those plant varieties.
For background on the case, a Courthouse News article is
available here.
For more information on intellectual property issues,
please visit the National Agricultural Law Center’s website here.