Infringers were required to destroy illegally acquired IFG Ten vines and pay “substantial compensation” to Bloom Fresh
One of the world’s leading breeders of table grapes, cherries, and blueberries, Bloom Fresh, has won a plant variety rights (PVR) case in China, securing the destruction of unlawfully propagated IFG Ten vines known to consumers as Sweet Globe.
IFG Ten vines and fruit were being sold by the infringing party under the name of “Linglong Xingguang”, which was deemed a serious breach of Bloom Fresh PVR.
As a result of the litigation action, the illegal propagator was required to destroy the vines at their own expense and pay substantial compensation to Bloom Fresh.
“Today we send a very clear message to the industry: We have zero tolerance for illegal propagation and any infringement of our intellectual property rights,” said Bloom Fresh CEO Josep Estiarte.
He added that the company is fully committed to enforcement and will dedicate all necessary resources to protect its rights.
“The reason this matter is so important to us is simple: authorised growers in China have placed their trust in us to support their long-term, sustainable growth,” he said. “We have a responsibility to ensure that infringers are held accountable through legal means – protecting the interests of our licensed partners and safeguarding consumers’ legitimate rights.”
Lusheng Law Firm, Rouse’s strategic partner in China, represented the company which has said it remains committed to taking legal action against any infringing use of its plant varieties and trade marks.
“The success of this litigation case was down to the precise identification of infringement leads, efficient action, and the staunch assistance and cooperation of BLOOM FRESH,” said the case’s leading lawyer Sunny Su of Lusheng Law Firm.
“The Lusheng team satisfied the chain of evidence requirements through meticulous investigation and coordinated precise DNA testing comparisons. The result was an effective implementation of the overall strategy ultimately assisting BLOOM FRESH to combat illegal propagation and sales and halting the infringement.”
Su added that the case was an example of China’s strong plant variety protection system, demonstrating the legal system’s commitment to a “’full-chain protection’ of intellectual property rights.
In addition to IFG Ten, Bloom Fresh hholds numerous popular varieties and trade marks, such as IFG Six or Sweet Saphire and IFG Twenty-two or Candy Dreams.
