The best ways to declare illegally propagated trees

No matter how illegally propagated trees arrived in an orchard, declaring them will give the grower peace of mind and the knowledge that they are “doing the right thing”.

Often, the FRA Members concerned with a declaration of illegally propagated trees look favourably on a grower coming forward to declare the trees. This is especially so compared to the illegal cultivars being discovered by an FRA Member and / or an FRA Field Audit.

The FRA Members will (usually) require a grower to enter into a settlement agreement as part of legalising infringing cultivars. As part of that settlement the appropriate monies owing will still have to be paid. For a first time offender, the FRA Members will generally not seek additional measures and costs as could be the outcome if the matter is pursued legally.

The best ways to declare illegally propagated trees relative to the IP rights of any of the FRA members are:

Contact FRA: contact our Executive Officer and tell them that you want to declare illegally propagated trees. Contact details are provided on this website.

Contact the FRA Member concerned: and tell them that you wish to declare illegally propagated trees. If there are trees of varieties where rights are owned by more than one FRA Member, it is best to contact the FRA Executive Officer

In either case, a Desk Audit of the actual number of trees planted versus the records of the FRA Members will be required to ascertain the accurate extent of any discrepancies. Details of Desk Audits are summarised in the Audits section of this website.

Whilst the FRA Members will genuinely endeavour to amicably settle in good faith with growers that initiate an illegal cultivar declaration to FRA, the FRA Members ultimately reserve all of their rights when dealing with any infringing cultivars including any aspects relative to any contractual, licensing and / or breeding program / owner requirements, any structured cultivar programs or their company policies and procedures.