Breeder awarded significant damages in landmark civil judgment
Bloom Fresh has won a significant legal victory in China. The ruling is a first‑instance judgment confirming third-party infringement of its plant variety rights (PVR) for its proprietary grape variety IFG Six (marketed globally as Sweet Sapphire).
The defendants were found to have illegally produced, propagated, promoted and sold the variety without authorisation. They were also found to have handled and stored propagation materials of the infringing variety for reproductive purposes.
The Court awarded over RM 4mn (approximately US$573,000) in damages, an amount notable in the history of PVR infringement cases in China, particularly those involving asexually propagated varieties. Bloom said the award sets an important industry precedent and reflects the increasing emphasis Chinese courts place on protecting PVRs.
The judgment follows years of continuous enforcement efforts by Bloom Fresh and came shortly after the close of the six-month application window for the company’s IFG Six legalisation programme in China. This provides an opportunity for unauthorised growers in China to avoid litigation and obtain legal status by voluntarily joining the exemption scheme and, in doing so, to gain access to Bloom Fresh’s technical, quality, and marketing support.
In parallel with the legalisation programme, Bloom said it remains determined to vigorously pursue PVR infringers and strengthen protection of IFG Six and its other proprietary varieties throughout China.
Campbell Banfield, general manager for Bloom Fresh China, Australia and Southeast Asia, commented: “Bloom Fresh is committed to working with the Chinese fresh produce industry to support its growth and leverage our portfolio of world class fruit varieties to deliver better products to the market and better returns for growers.
“As part of this commitment, we will continue to relentlessly pursue infringers who make it more difficult for legitimate growers to ensure the quality and integrity of their fruit. We are grateful to Chinese courts for protecting a fair and prosperous industry”.
While the case is progressing through the judicial process, Bloom said this first‑instance judgment stands as a strong affirmation of its rights by the Chinese court and serves as a clear warning to potential infringers. The company added that it remains committed to fostering a sustainable and lawful value chain – supporting growers, protecting consumers, and contributing to the long‑term development of a productive and accessible fruit industry.
