A California farmer, Cesar Mora, has been locked in a legal battle with Giumarra Brothers Fruit Co. over the rights to sell a variety of white nectarine known as “Monalise”. Mora has been giving away his nectarine harvest, over 100,000 pounds, to avoid watching it rot during the dispute.
The Dispute
The dispute centers on a sublicensing agreement Mora signed with Giumarra in 2017, allowing him to grow and sell the Monalise nectarine. However, Mora alleges that Giumarra breached their contract by selling his nectarines to Taiwan and throwing away a significant portion of his harvest. Giumarra disputes these claims.
Mora has accused Giumarra of unfair and fraudulent business practices, while Giumarra claims that Mora broke their contract by selling his nectarines to another packer. A trial is scheduled for later this month.
Fruit Patents
The case highlights the growing trend of fruit patents, which allow breeders to collect royalties from the sale of their fruit varieties. According to Bradley Rickard, a professor of food and agricultural economics at Cornell University, fruit patents are becoming increasingly common.
The Monalise nectarine variety, developed by a French company, has a sweeter and less tart taste than other nectarines. Mora claims that Giumarra promised him that the nectarine variety was exclusive and would be sold for top dollar.
Impact on Farmers
The legal battle has left Mora feeling frustrated and defenseless, and he has lost a quarter of his income due to the dispute. He hopes that his case will result in more legal protections for growers. The case has also sparked a community response, with locals showing their support for Mora by wearing “No Nectarines Wasted” t-shirts and helping him distribute the free nectarines.
Original reporting: KTBS 3 (Shreveport) — read the source article.
