The Wuhan Intermediate People’s Court has ruled in favor of Zespri International Limited in a plant variety rights infringement case, marking a significant victory for the New Zealand-based kiwifruit giant. The court ordered the primary defendant to clear all unauthorized plantings of the Gold3 (SunGold) kiwifruit variety and awarded Zespri total compensation of RMB 5.2462 million (approximately USD 724,000).
The case, initiated by Zespri in 2023, centered on the unauthorized cultivation and sale of the proprietary SunGold kiwifruit (G3) in Hubei Province. The court found that the main defendant had illegally grown and distributed the variety across approximately 260 hectares of orchards, with sales conducted through online channels.
In its ruling, the court mandated the primary defendant to remove and destroy all infringing vines. Furthermore, the defendant was ordered to pay Zespri RMB 5 million in damages and an additional RMB 246,200 to cover related expenses.
A second defendant was also found to have engaged in the sale of the infringing fruit. However, the court determined that Zespri’s rights were already adequately protected through the action taken against the primary defendant and other legal measures, thus no additional penalties were imposed on the secondary party.
Zespri’s Chief Executive, Jason Te Brake, hailed the judgment as a demonstration of the strengthened enforcement of plant variety rights in China following the 2022 amendments to the country’s Seed Law. He also acknowledged the strong support received from local authorities in upholding intellectual property (IP) rights.
“This ruling is a significant victory not just for Zespri and the New Zealand kiwifruit industry, but also for our partners in China,” stated Mr. Te Brake. “It underscores the critical importance of IP protection and its vital role in safeguarding the integrity of our food supply and ensuring consumer safety.”
Emphasizing China’s status as a key strategic market, Te Brake noted that this positive outcome reinforces Zespri’s commitment to continued investment and introducing more high-value varieties to consumers worldwide. He added that as part of its ongoing mission to enhance grower value, Zespri remains dedicated to working with industry partners to find constructive solutions addressing unauthorized cultivation of its varieties within China.
