Citrus Growers Forum Index Citrus Growers Forum

This is the read-only version of the Citrus Growers Forum.

Breaking news: the Citrus Growers Forum is reborn from its ashes!

Citrus Growers v2.0

W. Murcott/Afourer/Nadorcott

 
Citrus Growers Forum Index du Forum -> Citrus news
Author Message
citrange
Site Admin
Site Admin


Joined: 24 Nov 2005
Posts: 589
Location: UK - 15 miles west of London

Posted: Tue 06 Mar, 2007 7:04 pm

About a year ago there was a long forum topic started by JoeReal titled
'W.Murcott mystery finally solved'.
I remember reading this, and then finding that the variety was registered in Spain as 'Nadorcott'.
Well, today I was in my local supermarket here in England and noticed for the first time that the clementines for sale were marked with variety name 'Nadorcot'.
So I did another google and came across a long European legal document about the rights to this variety. See
http://www.cpvo.europa.eu/documents/decisionBOA/2005/DecisionBOA012005_EN.pdf
Here is a part of it:

FACTS
1. The breeder is Mr El Bachir Nadori, a Moroccan national who also acquired French nationality in 1997. In 1982 in Morocco Mr Nadori observed a variety of mandarine growing among “Murcott” mandarine trees planted in 1964. That variety, code-named “Inra W” is
believed to be the result of a chance cross-pollination between the “Murcott” mandarine and an unknown parent. From 1983 to 1985, further experiments were carried out to test the fruit of “Inra W”, but, due to the high amount of seeds, the fruit did not seem commercially interesting and the project was abandoned.
By a letter of 5 October 1982, Professor W. P. Bitters of the University of California, Riverside, asked Mr Nadori for material from the variety in question for the research station at Riverside. In answer to that request, Mr Nadori supplied the University of California with bud wood from the variety in 1985.
In 1988 Mr Nadori observed, on five-year old trees of “Inra W” that had been planted under the name “Murcott Sasma”, that the fruits could be grown without seeds if the trees were isolated so that cross pollination could not occur. Those trees were renamed “Afourer”. That name comes from the town of Afourer in Morocco, where the variety was developed. In 1989, Mr Nadori confirmed the result by artificially isolating trees. In 1990 to 1991, Mr Nadori planted more experimental plants in a different region of Morocco to confirm the possibility of producing seedless fruits. This experiment proved successful. Two other experimental plantations were carried out in 1991 and 1992. The variety was renamed “Nadorcott”. The name Nadorcott is composed in part from the name of the parent plant (Murcott) and in part from the name of the breeder (Nadori).
........(legal info etc)..........
On 28 January 1997, an application was filed for a United States patent on the Nadorcott variety. The United States patent was granted on 7 July 1998. The patent number was “Plant 10,480”. El Bachir Nadori was stated as the inventor and Jean de Maistre as the assignee. The background and reproduction of the new variety are set out in detail in the first part of the United States patent.
Back to top
Millet
Citruholic
Citruholic


Joined: 13 Nov 2005
Posts: 6657
Location: Colorado

Posted: Tue 06 Mar, 2007 8:32 pm

Mike, thank you for the additional information. It has now been almost ten years since Mr. Nadori has receive his patent from the United States Patent Office. However, as far as I know the tree is still sold in the United States as W. Murcott Afourer and under other marketing names. Without reading the entire legal document, are all producing nurseries now required to pay Mr. Nadori a royalty on the sale of every W. Murcott Afourer (Nadorcot) tree?
Millet
Back to top
JoeReal
Site Admin
Site Admin


Joined: 16 Nov 2005
Posts: 4726
Location: Davis, California

Posted: Tue 06 Mar, 2007 9:16 pm

DNA testing should be done if indeed the varieties are the same. Mislabeling is still a big possibility. No matter how careful I have been documenting my sources, I often encounter mislabeled plants. DNA testing would not be easy, considering the many common ancestry of various types of citrus hybrids.

When such tests become cheaper, then it would be easier to implement patent. However, these tests will become cheaper within ten years, by that time, the plant patent would have expired.
Back to top
snickles
Citrus Guru
Citrus Guru


Joined: 15 Dec 2005
Posts: 170
Location: San Joaquin Valley, Ca

Posted: Thu 05 Apr, 2007 12:25 am

Below is link to give a better idea what citrange
was alluding to regarding the Nadorcott being sold
as "clementines".

ClemenGold ™

Snickles
Back to top
JoeReal
Site Admin
Site Admin


Joined: 16 Nov 2005
Posts: 4726
Location: Davis, California

Posted: Thu 05 Apr, 2007 3:35 am

Take note that ClemenGold is a TRADEMARK and they are entirely different rules from a PATENT.

If a cultivar is patented, you could not propagate them asexually. If a cultivar is trademarked, you can't sell them in the same name as the trademarked name although you can reproduce them and sell them at will if they are not patented at the same time, and it only forbids you to sell under the same trademarked name. Then there are those that are patented and trademarked at the same time, those you cannot reproduce asexually nor sell under the same name unless you have royalty arrangements and other business deals with the trademark and patent owners or their lawyers.
Back to top
JoeReal
Site Admin
Site Admin


Joined: 16 Nov 2005
Posts: 4726
Location: Davis, California

Posted: Thu 05 Apr, 2007 3:40 am

The most famous Trademark registrant is the Stark Bros. They put a "Starking" trademark on most everything, and always describe each one as the best or most delicious, although what they sell are just old heirloom cultivars and claimed that they have selected them from out there in the fields without even doing DNA testing to delineate significant variations from the original non-trademarked clones.

I can already feel Starking Lemons, Starking Navels, Starking Valencias, Starking Grapefruits rushing down my spines! Ewww!
Back to top
snickles
Citrus Guru
Citrus Guru


Joined: 15 Dec 2005
Posts: 170
Location: San Joaquin Valley, Ca

Posted: Thu 05 Apr, 2007 1:12 pm

Joe, the problem is when someone goes out and
wants a ClemenGold ™ plant for their collection
after they have purchased a store bought fruit and
liked what they ate. There will be people that will
feel the plant is a cultivar, rather than a marketed
name for another plant. The newly made plant will
be considered a different cultivar if it was propagated
onto a different rootstock. The last comment already
has precedence by way of the US Patent Office. The
rationale is that the whole plant will be different than
the original plant was when and if chromosomal DNA
tests are conducted on the new and the old plant. I
mentioned a little of that in another thread in this
forum. This method of uniting two parent plants
into one named cultivar is now considered a bona
fide technique used in plant breeding, when for
years it was considered a "cheap" and easy way to
introduce a new genome into an old cultivar, saving
oodles of time. You see, we can generate new plants
by way of asexual means and others have done exactly
this for other plants in more recent years (last 20-25
or so), including some Citrus.

The wrong signal being sent here is equating or at least
subliminally inferring a Clementine with that of a Murcott
Tangor derivative plant. No where is it documented to my
knowledge that the Murcott Tangor, nor the Nadorcott has
any bona fide Clementine "blood" in their genome.

Jim
Back to top
Millet
Citruholic
Citruholic


Joined: 13 Nov 2005
Posts: 6657
Location: Colorado

Posted: Tue 10 Apr, 2007 5:26 pm

W Murcott (19??) = INRA W, (1982) = Murcott Sasma (1984), = Afourer (1987), = Nadorcott (1992), = ClemenGold (current name). I think I probably have forgot additional names by which the fruit has been called at one time or another. The tree was discovered in Morocco 1982 by Mr. Nadori. After thirteen years of lawsuits, variety testing, patent assignments, the fruit was given variety status by the CPVO in a final and definitive report on October 4, 2004. Export shipments mainly to the United Kingdom and the United States (OF COURSE everything else is) by the South African company Capespan began in 2003, with 440,000 pounds. This year an estimated 1.2 million pounds is expected to be exported to US and UK supermarkets. Clementine who? - Millet
Back to top
Citrus Growers Forum Index du Forum -> Citrus news
Page 1 of 1
Informations
Qui est en ligne ? Our users have posted a total of 66068 messages
We have 3235 registered members on this websites
Most users ever online was 70 on Tue 30 Oct, 2012 10:12 am

Powered by phpBB © 2001, 2005 phpBB Group