China's Supreme People's Court has upheld an administrative penalty related to the unauthorised production, propagation, and sale of the protected IFG Six grape variety in Yunnan province, according to a ruling issued in early December.
The decision confirms an earlier finding by the Binchuan Bureau of Agriculture and Rural Affairs concerning the unauthorised use of IFG Six, marketed under the trade mark SWEET SAPPHIRE™ and the Chinese trade name Zi Yu Tian Zhu/紫玉天珠. The case involved illegally planted IFG Six vines in one of China's major grape-producing regions.
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The Supreme People's Court dismissed the appeal and confirmed that the administrative penalty imposed by the local authority was lawful and enforceable. According to the ruling, the target infringed on Plant Variety Rights, the fine issued by the Binchuan Bureau was valid, and the destruction of all propagating materials was appropriate under existing regulations.
With the appeal concluded at the highest judicial level, the original penalty will be fully enforced.
The case brings closure to a multi-year enforcement process and follows the completion of the IFG Six legalisation program in China, which concluded on 31 October 2025. With that program now closed, any newly identified infringements of IFG Six will be subject to enforcement action under Chinese Plant Breeders' Rights legislation.
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The enforcement action was carried out by local agricultural authorities in Yunnan, with oversight through the national judicial system. The Supreme People's Court's ruling was published, confirming the administrative process and the application of existing plant variety protection laws.
The decision applies specifically to IFG Six and does not alter the broader regulatory framework governing grape production or plant variety protection in China. The ruling clarifies the legal consequences associated with unauthorised propagation and sale of protected plant varieties and reinforces the role of administrative enforcement alongside judicial review.
No further appeals are available following the Supreme People's Court decision.
© Bloom Fresh For more information:
Zhenlin Wu
Bloom Fresh
Email: [email protected]
www.bloomfreshglobal.com
