Who? Chris Hoole, partner at Appleyard Lees, Cambridge.
Why is he in the news? The firm represented retail giant Asda in a landmark case concerning plant breeders’ rights and the sale of fruit and vegetables by UK retailers. The High Court found Asda had not infringed their rights relating to the sale of Tang Gold mandarins in its stores.
Thoughts on the case: ‘This judgment marks an important milestone in UK plant breeders’ rights law. By finding in favour of Asda, the High Court has provided rare and much-needed clarity on the interpretation of “essentially derived varieties” under UK legislation. It also marked the first decision of any court worldwide relating to Tang Gold, despite Nador Cott Protection (NCP) first commencing proceedings in Spain in 2008. The decision establishes a valuable precedent for breeders, retailers and the wider fresh produce sector.
‘The decision also carries broader commercial significance. Asda and IPL’s [International Procurement & Logistics] robust defence against NCP’s claim helps to safeguard consumer choice within the mandarin category and may influence how plant variety rights are applied across other fruit and vegetable varieties.
‘I’m proud of the collaborative effort behind this. The team had to distil nearly 40 years of history in a very short space of time. The work of Asda and IPL’s in-house teams, counsel Anna Edwards-Stuart KC and Miruna Bercariu, and our Appleyard Lees team was therefore essential.’
Nador Cott Protection is appealing the High Court ruling.
Dealing with the media: ‘Strong communication is important in high-profile IP disputes. We’re fortunate to work closely with both internal and external PR specialists, as well as the PR teams of our clients, to help relay the success of the judgment. This collaboration ensures the significance of the decision is communicated clearly and confidently. Effective media engagement has been essential in helping stakeholders understand why this case matters and what it means for the future of plant breeders’ rights.’
Why become a lawyer? ‘I found law thanks to my deputy head at secondary school, Brian Souter (now MBE). His passion during my Introduction to Law GCSE was inspiring. An old school friend recently reminded me of this, saying, “Mr Souter would be proud!”. His influence sparked my path into law and later intellectual property.’
Career high: ‘Becoming a partner in 2021. I joined the firm in 2015 to help grow its litigation expertise. The firm’s unwavering trust in me has meant a great deal. I’m proud to be part of a constantly growing team of some of the country’s most knowledgeable and respected IP lawyers.’
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