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International Fruit Genetics, LLC v Okran 28 (Pty) Ltd and Another (9963/2018) [2019] ZAWCHC 37

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International Fruit Genetics, LLC v Okran 28 (Pty) Ltd and Another (9963/2018) [2019] ZAWCHC 37

2nd April 2019

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[1] The applicant seeks an order recognising and enforcing a judgment against the respondents of the United States District Court, Central District of California, handed down in its favour on 18 December 2017 (‘the judgment’).

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[2] In summary, the judgment declared that two licensing agreements concluded between the applicant and the respondents respectively on 17 July 2014 and 12 December 2014 had been validly cancelled, and directed that the respondents return or destroy all of the applicant’s plant material within their possession, custody or control, including cutting off all vines below the graft of any of the applicant’s cultivars.

[3] The respondents do not dispute the judgment, nor that it is final and conclusive and that no appeal is pending. They do not contend that any attempt has been made to have it rescinded. Their opposition to the recognition and enforcement of the judgment is that they have already complied therewith by removing all commercially useful portions of vines of the applicant’s varietals growing on their farms, and accordingly no purpose would be served in granting the relief sought.

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