ARTICLE
13 August 2024

Commercialisation Of Plant Breeders' Rights In The Spotlight, As Japanese Kimito Apple Heads To South African Shores.

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Adams & Adams

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Adams & Adams is an internationally recognised and leading African law firm that specialises in providing intellectual property and commercial services.
An apple plant variety (HFF63) developed by a University in Japan, and marketed under the name ‘KIMITO', is to be cultivated in South Africa before the end of 2024.
South Africa Intellectual Property
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An apple plant variety (HFF63) developed by a University in Japan, and marketed under the name 'KIMITO', is to be cultivated in South Africa before the end of 2024. The venture follows an agreement between the university and a Japanese food wholesaler and distributor, Wismettac Foods Inc.

According to Wismettac Foods' Mid-Term Business Plan (2024-2026) (https://www.wismettac.com/en/ir/library/plan/main/00/teaserItems1/00/linkList/0/link/MTP_full_E.pdf, page 20 of 35), a licensing agreement regarding the breeders rights as well as the use of the KIMITO trade mark in South Africa has been concluded with the university as the IP owner, and test cultivation is to start in 2024, in partnership with a South African based business. Hirosaki University is to then earn royalties from the licensing of its intellectual Property rights.

The KIMITO produce from South Africa is expected to meet the international demand when the produce in Japan is off season, which should also create new economic opportunities in the country and for industry stakeholders.

The venture highlights the economic opportunities available to plant breeders through the commercialisation of their IP.

SOURCE:
The Department of International Relations and Cooperation: https://dirco.gov.za/wp-content/uploads/2024/07/Ubuntu-NewsFlash-627-11-July-2024.pdf

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