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Holders of intellectual property rights over plant varieties—known as breeders—have stepped up their defense of these rights in Europe against the international flower trade. In recent days, customs authorities at key airports such as Amsterdam and Brussels have seized several shipments of roses from Ecuador after verifying that they were grown and sold without the required licenses for protected varieties.
Following verification of these infringements, European authorities have ordered the destruction of the products and the initiation of legal action against the importers, buyers, and exporters involved, sending a clear signal of zero tolerance for intellectual property rights violations in the flower industry.
These measures reflect a shift in breeders’ strategy, as they are turning to enforcement mechanisms in destination markets to assert their rights in the absence of effective protection in Ecuador. As noted, more than thirty administrative proceedings related to the protection of these rights have remained unresolved since 2019 at the competent agency, SENADI.
The European Union, for its part, has determined that the lack of effective protection for the intellectual property rights of rose breeders in Ecuador constitutes a trade barrier. In recent years, there has been a complete standstill in cases filed with SENADI against flower growers who violate intellectual property rights, to the detriment not only of the rights holders but also of legitimate and legal flower growers.
The case demonstrates how institutional weakness in intellectual property protection in the country of origin can shift the conflict to international jurisdictions, where regulations are enforced more rigorously, generating direct impacts on the export chain and the sector’s reputation.
We would like to remind you that the Tobar ZVS team is ready and fully qualified to assist you in these matters. You can contact us at: pigestion @ tzvs.ec
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This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.