Kiwifruit marketer successfully prosecutes plant variety rights infringement case involving unauthorised production and sale of Gold3
Zespri has won a significant legal victory in China, successfully defending the intellectual property rights of New Zealand kiwifruit growers.
The Wuhan Intermediate People’s Court in China has issued its judgement in Zespri’s plant variety rights (PVR) infringement case, filed in 2023, against two defendants involved in the unauthorised production, sale and marketing of Gold3 kiwifruit, finding that the primary defendant infringed Zespri’s IP rights through the unauthorised planting and sale of Gold3.
The infringement involved the unauthorised planting of over 200 hectares of Gold3 in Hubei Province, with fruit then sold online.
The court has ordered the defendant to remove the 260ha of infringing plant material and to pay compensation to Zespri of Rmb5.246mn or NZ$1.28mn (damages of Rmn5mn and expenses of Rmb246,000). The court found that the second defendant sold Gold3 fruit through an online store, but given the fruit originated from the primary defendant who Zespri had already filed action against, the court considered the PVR rights to be sufficiently protected through its finding against the primary defendant.
Zespri CEO Jason Te Brake said the outcome was a significant win for the New Zealand industry and its partners in China, and marked a major step in its efforts to protect the rights of New Zealand growers.
“This case demonstrates the increased protection for plant variety rights (PVRs) made possible by changes to China’s Seed Law in 2022 and the strong support of local authorities in safeguarding intellectual property rights,” said Te Brake.
“It also highlights the importance of intellectual property protection in horticulture, for local and foreign companies, and the role it plays in ensuring food safety for consumers.
“China is an important market for Zespri, and this positive outcome will support ongoing investment to deliver high-value varieties for consumers around the world.”
As Zespri looks to strengthen grower value, it said it will continue its efforts to work with industry to find a constructive solution to the continuing changes seen in China associated with unauthorised Gold3 plantings.
