Extract – Jail reproduce and market seeds pirates

My apologises for the translation.

08.07.2014 – Source Infoagro.com

It is a crime against intellectual property and market illegal play bean seeds.

The use of this type of plant material may give poor results.

The manager of a local company Bérchules (Granada) has been sentenced to six months imprisonment, a fine and compensation for damage caused by playing bean plants belonging to protected varieties ‘Donna’ and ‘Fasili’.

This statement, which was issued by the Criminal Court # 5 of Granada and against which no appeal, indicates that the offender has committed a crime against intellectual property, which is defined in Article 274.3 of the current Penal Code. Such judicial proceeding was initiated following a complaint lodged by PLANT MANAGEMENT LICENCES, AIE entity.

Since this type of beans fall into two protected plant varieties, the holders of such protection agencies have a number of exclusive rights under the law. Among these privileges is the production, reproduction (multiplication), conditioning for reproduction, sale or trade, export or import, and even mere possession for any of these purposes.

In this case, it is considered that the offender has made a series of acts of unauthorized reproduction of these varieties of beans, for which it has not received authorization or license from the owner of the exclusive rights organization. Moreover, these acts have been done with full knowledge of recording and acting at all times with profit in their own patrimonial benefit.

This is the reason that the court must impose the aforementioned penalty for the commission of an offense against intellectual property rights on protected plant varieties.
Following the amendment of the Penal Code, made by Organic Law 15/2003 of 25 November, the unauthorized exploitation of protected plant varieties is prosecuted ex officio by the Forces of State Security, and may be punished by up to two years in prison.