T&G Global has welcomed a recent decision by the Supreme People's Court of the People's Republic of China, which upheld an earlier ruling concerning the protection of its Scilate apple plant variety rights.
The judgment confirms a November 2023 ruling by the Lanzhou Intermediate Court of Gansu Province, which found that the defendant had infringed on T&G's intellectual property rights by cultivating and selling Scilate variety plant material and apples harvested from unauthorized plantings. The court awarded RMB 3.3 million in damages, including punitive damages, and ordered the removal of the infringing plant material.
T&G Global stated that the decision reinforces the protection of intellectual property rights for plant breeders and is in line with China's updated Seed Law. The company noted that the ruling supports enforcement efforts and sets a precedent for future actions against unauthorized propagation.
In China, Joy Wing Mau holds the license to commercially grow and sell Scilate apples, which are marketed under the Envy brand. T&G noted that the ruling aims to ensure that apples sold under this label are legally produced and that it supports the development of high-value plant varieties in China through formal licensing arrangements.
According to T&G, the ruling underscores the importance of long-term investment in plant breeding and the associated marketing efforts required to bring new varieties to market. The company stated that the decision provides greater assurance to horticultural businesses investing in China that their intellectual property will be legally protected.
T&G, through its variety management subsidiary Venturefruit Global, manages plant variety rights and related intellectual property protections. The company said it will continue to address unauthorized plantings, propagation, and trademark infringements in cooperation with Chinese authorities.
The court ruling, which is final and enforceable, requires the infringer to cease all related activities and remove all unauthorized Scilate plant material. It also affirmed that infringement includes the sale of fruit harvested from such material. The ruling aligns with the updated Seed Law in China, which extends protection to harvested plant products.
With the appeal dismissed, T&G now has the option to pursue additional legal action to seek further compensation for continued infringement following the 2023 decision.
For more information:
T&G Global Limited
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PO Box 56, Shortland Street, 1140 New Zealand
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Email: [email protected]
www.tandg.global
