Key facts
- Farmer Cesar Mora is distributing his white nectarine harvest for free due to a legal dispute.
- Giumarra Brothers Fruit Co. claims exclusive rights to the 'Monalise' white nectarine variety.
- Mora alleges Giumarra engaged in unfair and fraudulent business practices.
- A judge has allowed Giumarra's breach of contract claim against Mora to proceed.
- Plant patents for fruit varieties are becoming more common, allowing breeders to collect royalties.
Cesar Mora, a third-generation farmer in California's Central Valley, is currently giving away his harvest of white nectarines rather than selling them, as he is embroiled in a legal battle with Giumarra Brothers Fruit Co. The company claims exclusive rights to the 'Monalise' variety of white nectarine that Mora grows, alleging he breached his contract by selling the fruit to other packers. Mora, in turn, has accused Giumarra of unfair and fraudulent business practices.
The dispute highlights the growing tension between farmers and plant breeders or food marketers who obtain exclusive rights to new plant varieties. Giumarra states that the matter is being resolved in court based on the facts and existing agreements. A trial is scheduled for later this month.
Court filings indicate Mora signed a sublicensing agreement with Giumarra in 2017 and a marketing agreement in 2019. He alleges that Giumarra failed to properly market and sell his fruit, with up to half of his 2020 harvest being discarded, and that Giumarra sold his nectarines to Taiwan in 2022, violating the contract's focus on U.S. and Canadian markets. Giumarra disputes these claims. In May, Fresno County Superior Court Judge Jon Skiles ruled that Giumarra's breach of contract claim against Mora can proceed, stating the sublicense agreement is valid regardless of whether the fruit has a U.S. plant patent.
Plant patents, which allow breeders to collect royalties, are becoming more prevalent. Historically, varieties like the Rainier cherry and Honeycrisp apple are now in the public domain. However, recent cases, such as a lawsuit by apple growers against the University of Minnesota over its SweeTango apple, show the complexities and potential for disputes in licensing agreements.