Bloom Fresh International Limited, a global fruit breeder, announced 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™). This marks a major milestone in the company's sustained efforts to combat unauthorized production and commercialization of its protected varieties.
© Bloom Fresh
In this case, the defendants were found to have illegally produced, propagated, promoted, and sold the IFG Six variety without authorization. They were also found to have handled and stored propagation materials of the infringing variety for reproductive purposes. As a result, the Court held that the defendants had infringed Bloom Fresh's PVR.
The Court awarded over RMB 4 million (approximately USD 573,000) in damages, an amount notable in the history of PVR infringement cases in China, particularly those involving asexually propagated varieties. This substantial award sets an important industry precedent and reflects the increasing emphasis Chinese courts place on protecting PVRs.
© Bloom Fresh
This 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 program in China. By way of background, the legalization program provided an opportunity for unauthorized 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 world-class technical, quality, and marketing support.
The ruling sends a clear signal to the market: in parallel with the legalisation program, Bloom Fresh remains determined to vigorously pursue PVR infringers and strengthen the protection of IFG Six and its other proprietary varieties throughout China.
Campbell Banfield, General Manager for Bloom Fresh China, Australia, and Southeast Asia, had this to say:
"Bloom Fresh is committed to working with the Chinese fresh produce industry to support its growth and leverage our portfolio of 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."
© Bloom Fresh
While the case is progressing through the judicial process, this first-instance judgment stands as a strong affirmation of Bloom Fresh's rights by the Chinese court and serves as a clear warning to potential infringers. Bloom Fresh 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.
© Bloom FreshFor more information:
Marie-Anne de Béjarry
Bloom Fresh
Tel: +34 682 044 229
Email: [email protected]
www.bloomfreshglobal.com
