In addition, applying the three businessmen accused to pay joint and several compensation for damages caused to rights holders of these seeds.
The Criminal Court number 5 Almeria welcomes tomorrow's hearing against three businessmen Nijar, who they face each sentenced to one year in prison, accused of playing, market and sell tomato seeds legally protected by copyright and plant variety rights.
The public prosecutor asks penalties for such an offense concerning intellectual property, by also interested in paying a joint and several compensation for damages caused to rights holders of these seeds through the entity that manages them.
The rating of the tax collected defendants, A.N.V., M.E.N. and J.E.N. are the legal representatives and administrators from three different companies that have their greenhouses in the towns of San Isidro nijareƱas and Campohermoso, whose purpose is the marketing and sale of agricultural products.
Prosecutors say the suspicion that the accused could be further devoted to the preparation and planting it had “legally protected plant varieties”, which later they were reproduced, marketed and sold so “indiscriminate” to third parties.
For this reason, They were the subject of a complaint after the Civil Guard carried out three inspections in greenhouses companies, made days 9 and 16 August 2012.
Like this, They were found “many put tomato seedlings or put up for planting, belonging to varieties that have previously obtained legal title to the plant variety protected.
The prosecutor contends that the defendants lacked “any consent for their production, packaging or marketing by the holders of the respective rights and plant variety rights” and they were aware that these tomato varieties “They were legally protected as such and registered for this purpose”.
