You may be aware that the United States Plant Patent in Scabiosa Walberton’s® Pink Mist, bred by David Tristram, recently expired. This variety is managed in North America by our friends at PlantHaven International and questions about royalties in that market should be addressed to them.
In the European Union, this variety is managed by Plants For Europe. In the UK, it is protected by Plant Variety Rights (grant number – 4240) which is valid until May 2015. Therefore, propagation, marketing, sale, import and export of this variety in the UK is illegal without a licence from Plants For Europe Limited.
In the rest of the European Union, PFE collects a royalty on the “Walberton’s” Community Trade Mark (CTM) number 733196, which is valid until 2018 when it will be renewed. Marketing of this variety as Scabiosa Walberton’s Pink Mist anywhere in the European Union is illegal without a licence from Plants For Europe Limited.
Therefore, growers and licensees should be aware that we will continue to collect royalties on this variety in Europe and that any existing arrangements remain unchanged.