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BREEDING

Our breeding work is carried out in two ways. For over 15 years we have been breeding new varieties from open pollination, mainly apples. For several years we have been breeding varieties with controlled pollination of flowers with the pollen of certain varieties. The resulting seeds are planted in a greenhouse, then the seedlings are planted in a field and in the next year grafted on a rootstock M.9. The trees are planted in an experimental field and evaluated for several years.

Selection

Selection and evaluation is carried out regularly during the growing season.
Among the trees of almost every variety you can find ones with desirable features.
Such trees are marked and observed. Observation is carried out for several years.

Research

Obtained by selection or breeding varieties are evaluated in terms of their yield, harvest time and storage properties, resistance to diseases and pests, fruit taste and quality.
We are looking for varieties in terms of their economic and use value.

Legal protection

Apple varieties Najdared, Sander, Zuzi Gala, Vikto Red, Muna, Reno 2, Glosan, Elpin, FujiIP, Golden DreamSzampion Reno are legal protected on the territory of Poland under decisions of the Director of Research Centre for Cultivar Testing (COBORU) in Słupia Wielka granting Plant Breeder’s Rights under legal act on legal protection of plant varieties of 26 th June 2003 (Journal of Laws from 2016, item 843). Information about legal status of each apple variety is placed on the website of COBORU – www.coboru.pl.
Pursuant to article 21 of legal act: on legal protection of plant varieties  the following acts in respect of propagation material of the protected variety requires consent of the breeder: production or reproduction, conditioning for the purpose of propagation offering for sale, selling or other marketing, exporting, importing and stocking. In some cases, plant breeder’s right also covers: harvested material (for example fruits) produced directly from that material, if the breeder had no possibility of exercising of his right to seed material of the protected variety (article 22 of legal act on legal protection of plant varieties). 
In the light of foregoing, propagation and sale of the seed material of protected variety (protected by Plant Breeder’s Right) requires the consent of the breeder of protected variety.
In case of apple varieties: Najdared, Sander, Zuzi Gala, Vikto Red, Muna, Reno 2, Golden Dream, GlosanSzampion Reno propagation and sale of seed material (the plant material) requires the consent granted in the form of licence by the breder: Andrzej Nowakowski and Szymon Nowakowski – The Nursery in Żdżary 68, 26-420 Nowe Miasto.
If someone wants to propagate and sale the seed material of apple varieties Elpin, FujiIP it is necessary to obtain the consent of the breeder – INSAD Prusy Sp. z o.o. with its registered office in Głuchów (Prusy 8/4, 96-130 Głuchów).
Each case of illegal propagation of plant variety protected by Plant Breeder’s Right will constitute the infringement of Plant Breeder’s Right. 
The breeders of above mentioned apple varieties in case of infringement of plant breeder’s right to their varieties may initiate criminal and civil court proceedings.
In accordance with article 37 point 1 of legal act on legal protection of plant varieties  Any person who: 1) violates a variety exclusive right; -shall be liable to a fine, detention order or deprivation of liberty up to one year.
Breeders of plant varieties under article 36a and seq. of legal act on legal protection of plant varieties are entitled for civil claims.

According to article 36a paragraph 1 The breeder, whose exclusive right has been infringed, may demand from the person who infringed such right: 1) to cease infringing the right; 2) to eliminate the results of the infringement; 3) to compensate for the damages: a) in line with general principles, or b) by paying a certain amount of money corresponding to the license fee that would be due for granting the license by the breeder on the date of the claim; in the case of culpable infringement the amount would be a multiple of the remuneration, yet not higher than the multiple of three; 4) to return the benefits received.
Pursuant to article 36a paragraph 2 Regardless of the claims referred to in Paragraph 1 the breeder may demand a one-time or a repeated announcement in the press, suitable in its form and content, or making the court ruling issued in this case publicly known in part or in full, in the manner and extent established by the court. Under article of 36 b paragraph 1 point 2 and 3 , the breeder is also entitled for informative claim (clam to deliver information and documentation) identified by the court and significant for the claims and this claim may be against the infringer  and third party, for example garden centre and in this way the breeder may obtain information about the source of plants (for example trees), the number of propagated and sold plants, distribution networks, list of clients etc. 

Only granting the licence enables propagation and sale of protected apple varieties.

Anyone who is interested in granting him/ her the licence for apple varieties above mentioned may contact: licencje@ajapple.pl