Stibbe represents the Mitolo Group, the number one potato and onion trader in Australia.
When its competitor Oakville Produce Group (formerly named Moraitis) went into receivership, Mitolo acquired exclusive licence agreements for various potato varieties with major plant breeders all around the world. The exclusivity of these licence agreements was unfortunately infringed by various parties, which triggered cross-border litigation in the Netherlands and Australia. The Stibbe team succeeded in terminating the infringements of Mitolo's exclusivity by obtaining injunctive relief. A settlement was subsequently agreed on, resulting in Mitolo becoming the title holder of important varieties in Australia and licensor of these varieties. A major licensee was unwilling to cooperate with the new licensor and knowingly breached the Dutch law licence and its international plant breeder obligations. When it both was unwilling to comply with its legal obligation and to pay the very significant forfeited contractual penalties, the case was submitted to the Dutch Courts.