Woolworths' strawberry supplies threatened by pate
STELLENBOSCH-based strawberry specialists Zetler & Sons, a substantial supplier of strawberries to Woolworths, is facing criminal charges for illegally importing plants into SA and refusing to provide a satisfactory explanation to the agriculture department when asked to do so.
The outcome of these charges, as well as other civil claims against the Zetlers, could have wider implications for patent rights in SA and for local farmers and retailers.
Agriculture department head of communications Steve Galane confirmed a report in Die Burger last week that the department's legal team had laid charges at the Stellenbosch police station against Zetler & Sons related to the variety and possession of certain strawberries and failing to supply information requested by the department. The department was waiting for the police to complete their investigations.
Jeffrey Zetler of Zetler & Sons and the company's attorneys, Kulenkampff & Associates, could not be reached for comment yesterday.
At van Rooy of Kisch Patent Attorneys, acting on behalf of the Israeli agriculture ministry and their local licensee, Andre Immelman of Georgebased Chapter II Farming Enterprises, confirmed that Immelman had been requested to assist the police with the investigation, but would not comment further.
Almost two years ago, samples of strawberries grown on a Zetler farm were taken for testing by the agriculture department in terms of an order handed down after an urgent High Court application.
Immelman had paid for the local rights to produce distinctive large and juicy strawberries that were developed and registered under Plant Breeders' Rights by the Israeli agriculture department.
The urgent court proceedings were instituted after he had found similar strawberries to his own on local supermarket shelves.
Apart from the criminal charges laid by the agriculture department, the Zetlers are also facing two separate actions: a hearing before the Registrar of Plant Breeders' Rights in Pretoria, set down for July 24 and 25; and a civil claim for R23,2m in damages for unfair competition, which is being brought by Israel's agriculture department and by Chapter II Farming Enterprises. In the civil claim, papers have been served, but a trial date has not yet been set.
With the strawberry season due to start soon, a question mark may be hanging over Woolworths' supply of strawberries, which would put it at a significant disadvantage to retailers that have other suppliers.
Woolworths CEO Simon Susman said the company was aware of the dispute around Zetler strawberries, but was assured there was no cause for concern and that they would monitor the situation carefully.
Jun 19 2003 06:10:46:000AM Charlotte Mathews Business Day 1st Edition
Thursday
19 June 2003
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