In the past month, European customs authorities intercepted several shipments of roses that had been cultivated without the authorization of their rightful breeder. The discovery triggered immediate legal action against the buyers involved, marking a significant enforcement move in the protection of plant breeders' rights. The shipments themselves were destroyed at the country of interception, which is an additional cost for the infringing parties.
The incident sent shockwaves through the floral supply chain. Wholesale buyers across the world, including those not directly implicated in the case, responded swiftly. Several reached out to their suppliers, primarily in Ecuador with a clear and uncompromising message: "All rose varieties must be properly licensed and up to date on royalty payments, or risk being permanently blacklisted."
This market-driven enforcement pressure catalyzed a wave of regularization. Many growers who had previously operated in legal gray areas - cultivating and selling varieties without paying the required royalties - turned to the representative of the respective rose breeders, Plantec, to legalize their operations.
In a significant shift toward transparency and accountability, these growers began settling outstanding royalty obligations and formalizing their licensing agreements. The momentum suggests a broader movement within the industry toward respect for intellectual property, fairness in variety distribution, and long-term sustainability of breeding innovation. Rose breeders such as Interplant and Kordes are leading the industry towards more productive, disease resistant beautiful roses. Enforcing plant breeder rights allows the industry to improve both quality and value.
However, some growers have sought to conceal the problem rather than resolve it. These individuals attempt to blend roses grown without royalties with legitimate products, falsely labeling the entire shipment as royalty-paid. This practice, is a common method of trying to skirt intellectual property enforcement. It is not only unethical, but also illegal, and traceable.
With modern traceability tools, increasingly detailed phytosanitary inspections, and improved cooperation between breeder representatives, customs agencies, and buyers, it is becoming more likely than ever that this type of fraud will be uncovered. The consequences of such fraud are significant and can include the confiscation of entire shipments, even if only part of the load is found to contain unlicensed products. Additionally, businesses may face breach-of-contract lawsuits from clients who receive mislabeled goods. The chain of custody responsibility means that if a grower mixes unauthorized stems with legal ones, every link in the distribution chain, including exporters, importers, wholesalers, and even large-scale retailers, can face penalties for trafficking illegal goods. There is also legal accountability for buyers of laundered roses, as international laws concerning "Due Diligence" place the responsibility on buyers to verify that their suppliers comply with legal requirements, making it the buyer's liability if they fail to do so.
The takeaway is simple: "The era of willful ignorance is over." Breeder rights are enforceable, traceable, and increasingly defended. Whether a farm grows one stem or ten hectares of unauthorized material, the risk to both growers and buyers is no longer theoretical - it is real, legal, and enforced.
For the farms that are not currently respecting international plant breeder law, there is good news. Plantec is making the process to legalize varieties easier than ever, and for the farms that work with Plantec in good faith, the road to compliance has never been easier.
Plantec continues to work closely with breeders, such as Kordes Rosen and Interplant, as well as growers, to create a pathway toward legal production and fair recognition of the innovation and investment behind every protected variety. For those willing to operate transparently, doors remain open, and the intention to find respectable solutions that benefit growers and breeders is there.
For more information:
Plantec Ecuador 
[email protected]
www.Plantecuador.com