In the province of Lleida, Spain, a farmer is being investigated for allegedly cultivating, breeding and marketing a protected variety of nectarine without paying royalties to the respective holder. The case is being framed by authorities as an alleged crime against industrial property and could result in a large fine and even imprisonment.
According to the Spanish newspaper, at issue is the Nectadiva variety, a protected nectarine whose rights belong to the French company Agreo Selection Fruit. According to information released in Spain, commercial exploitation of this variety requires authorization and the payment of royalties to the rights holder.
The Guardia Civil detected around 5,000 trees distributed across three lots, after an investigation that began in February 2025. Authorities indicate that samples were collected and checks carried out that indicated a coincidence with the protected variety.
What is at stake in this case
According to known information, the investigation focuses on the alleged reproduction and multiplication of the variety using techniques such as grafting and inoculation, without the consent of the rights holder. This type of practice, when it involves protected plant varieties, is subject to specific rules in the Spanish legal framework.
The protection of plant varieties works in a similar way to other industrial property regimes. Whoever develops a new variety can obtain exclusive rights to its reproduction and commercialization for a certain period, preventing third parties from exploiting it freely without a license. This explanation is a legal framework inference based on the type of protection referred to in the news.
In the case now known, the farmer is suspected of having circumvented this regime by commercially exploiting the variety without paying the respective canon. The process now follows the normal procedures of Spanish justice, and any final responsibility will have to be decided in court.
Fine can reach 288 thousand euros
According to the Spanish press, the case may fall under article 274.4 of the Spanish Penal Code, relating to crimes against industrial property. Consequences can include a prison sentence of one to three years and a fine that, in certain scenarios, can reach 288 thousand euros.
In addition to the criminal aspect, this type of process can also have a relevant economic impact, including civil liability and losses associated with the allegedly irregular marketing of the fruit. This possibility arises from the nature of the dispute described by the sources consulted.
News published in Spain also states that the farmer was arrested and was later released after making statements, now awaiting the development of the judicial process.
Case serves as a warning to the agricultural sector
The episode is drawing attention to a reality little known outside the sector: not all fruit varieties can be freely reproduced, even when they are already present on the market. In many cases, its multiplication requires express authorization and payment to the breeder.
For growers, this means that a seemingly ordinary graft or plantation can have serious legal implications if it involves protected plant material. The Lleida case thus appears as a clear warning for those who work with registered varieties of high commercial value.
In a sector where genetic innovation is increasingly important, the legal protection of these varieties continues to gain importance. And, in this case, what seemed to be just a farm could end up turning into a process with a strong financial and criminal impact.
Also read:
