New Zealand kiwifruit brand Zespri recently achieved a significant legal victory in China, successfully defending the intellectual property rights of New Zealand kiwifruit growers.
The Wuhan Intermediate People's Court in Hubei Province, China, ruled on a case of plant new variety rights infringement filed by Zespri in 2023, involving two defendants who produced, sold, and promoted the SunGold (G3) variety without authorization. The court found that the primary defendant had unauthorized cultivation and sales of SunGold (G3), infringing on the intellectual property rights of Zespri.
The infringement involved the unauthorized cultivation of approximately 260 hectares of SunGold (G3) kiwifruit trees in Hubei Province, with the fruit being sold through online channels.
The court ordered the primary defendant to destroy approximately 260 hectares of infringing propagation materials and to compensate Zespri with a total of 5,246,200 yuan, approximately 1,280,000 New Zealand dollars (including 5,000,000 yuan in punitive damages and 246,200 yuan in legal fees). The court determined that the second defendant sold the unauthorized SunGold (G3) through an online store, but since the fruit originated from the primary defendant, who had already been sued by Zespri, the court believed that the ruling on the primary defendant sufficiently protected the plant new variety rights.
Zespri CEO Jason Tibbs said that this result is a significant victory for the New Zealand industry and its Chinese partners, marking an important step in protecting the rights of New Zealand growers.
"This case demonstrates the enhanced protection of plant new variety rights (PVRs) in China since the revision of the 'Seed Law of the People's Republic of China' in 2022, as well as the strong support provided by local authorities in safeguarding intellectual property," said Jason Tibbs. "It also highlights the importance of intellectual property protection in the horticultural sector, which plays a crucial role in ensuring food safety for consumers, whether for domestic or foreign companies."
Jason Tibbs also noted, "China is an important market for New Zealand kiwifruit brand Zespri, and this positive outcome will support our continued investment in providing high-value varieties to global consumers."
Zespri will continue to work with the industry to enhance the value for growers while actively seeking constructive solutions to address the ongoing challenges posed by the unauthorized cultivation of SunGold (G3).
Source: Zespri
Statement: This article represents the views of the brand only and does not represent the position of the international fruit and vegetable sector.