Why the Canadian government has been in a years-long legal battle against a U.S. cherry farmer [Video]

There has been a major twist in a years-long legal battle that has pitted the Canadian government against a U.S. cherry farmer.

This month, the District Court for the Eastern District of Washington reinstated a patent for the Staccato cherry variety developed by Agriculture and Agri-Food Canada’s (AAFC) program in Summerland, B.C.

The victory means AAFC has the legal grounds to argue that an American farmer has been passing off the Canadian cherries as his own, in violation of the patent.

“This is not a decision that comes out very often and certainly not with the level of commercial impact that it has,” said intellectual property lawyer Elizabeth Dipchand, who is not involved in the case.

AAFC told CBC News it’s pleased with the court’s decision.

“AAFC remains committed to safeguarding the integrity of its plant varieties and ensuring fair recognition of its research and development efforts in the global …