Nador Cott v Asda: a supermarket sued over a protected fruit variety
The Patents Court considered whether varieties sold through a major retailer were essentially derived from a protected mandarin variety.
Nador Cott Protection S.A.S. v Asda Stores Limited and International Procurement and Logistics Limited [2026] EWHC 553 (Pat) was handed down by Mr Justice Mellor on 12 March 2026 under the Shorter Trial Scheme, following a two-day hearing in November 2025.
The judgment works through the UPOV Convention, its EU and UK implementation, and the concept of Essentially Derived Varieties, before applying that framework to the Nadorcott plant breeders' right and the varieties in issue.
It is a reminder that intellectual property extends well past patents and trademarks – and that the defendants here were a retailer and a procurement business, not the breeder of the disputed varieties.
Businesses get pulled into IP claims over products they bought in rather than created. Defence cover responds to the claim arriving at your door, whoever originated the infringement upstream.
DEFENCE UP TO £5M · PURSUIT UP TO £1M IN YEAR ONE · PURSUIT ONLY WITH DEFENCE
SOURCE: Approved judgment (PDF)
Summarised for general information only. Nothing here is legal advice or a statement of policy terms – cover is subject to underwriting and the policy wording.