Zespri has won a legal case in China defending the intellectual property rights of New Zealand kiwifruit growers. The Wuhan Intermediate People's Court ruled in favour of Zespri in a plant variety rights (PVR) infringement case filed in 2023 against two defendants involved in the unauthorised production, sale, and marketing of the Gold3 kiwifruit variety.
The court found that the main defendant had infringed Zespri's rights by planting more than 200 hectares of Gold3 kiwifruit in Hubei Province and selling the fruit online. The ruling orders the removal of 260 hectares of infringing plant material and compensation to Zespri of 5,246,200 Chinese yuan (approximately NZ$1.28 million), covering damages and expenses.
The second defendant was found to have sold Gold3 fruit online, but as the produce originated from the first defendant, the court determined that the primary ruling sufficiently protected Zespri's rights.
According to Zespri CEO Jason Te Brake, the case reflects how China's updated Seed Law, introduced in 2022, has strengthened plant variety protections. He noted that intellectual property protection is essential for both domestic and foreign horticultural companies and helps maintain food safety standards.
"China is an important market for Zespri, and this outcome will support ongoing investment to deliver high-value varieties for consumers around the world," Te Brake said.
The company stated it will continue to work with industry partners to address ongoing challenges linked to unauthorised Gold3 plantings in China, while reinforcing efforts to protect grower value and maintain compliance with international PVR standards.
For more information:
Anna Cross
Zespri
Tel: +64 27 316 7777
Email: [email protected]
www.zespri.com
