A dispute is developing between Zespri and a Te Puke-based plant breeding company, Baker PVR Limited, regarding the registration of a kiwifruit variety. The plant breeding company seeks protection for a variety termed "E2", which Zespri contends is essentially its SunGold. Zespri's CEO, Jason Te Brake, informed growers that the Plant Variety Rights (PVR) office might proceed with a separate PVR application for the variety. Zespri plans to contest this through formal channels.
In January, Zespri notified growers about Baker PVR Limited's PVR registration attempt and initiated legal proceedings to obtain detailed information about E2. A ruling by the High Court favored Zespri, compelling the variety's owner to disclose details about the distribution of E2 plant material.
Fruit labeled under the Zespri brand was sold in Sydney, where labeling as Zespri is not mandatory. Zespri tested samples and found SunGold G3 DNA present. Te Brake remarked, "This fruit is clearly derived from one of our own products." He anticipates ongoing dialogue with the New Zealand PVR office over the next months.
As plant variety rights contribute notably to Zespri's financial outcomes, particularly linked to its SunGold G3 variety, the company relies on them. Last year, Zespri reported $217 million from PVR license sales, with the previous year generating $308 million.
Baker PVR Ltd, listed on No 2 Road, Te Puke, had Russell Arthur Baker and Leonie Ellen Baker as shareholders. After Russell Baker's passing, Gary Baker took over as director. The firm engaged King's Counsel Clive Elliott, but Elliott abstained from commenting on the pending case with the PVR office.
With Psa's outbreak impacting Baker's small orchard in 2010, the dispute adds layers to the ongoing challenge. Gaby Cowcill, patents science manager at the Intellectual Property Office NZ, confirmed the E2 variety application. She clarified that objections to applications are permissible, asserting, "Any person can object." Further comments on actions by third parties were withheld.
Source: Farmers Weekly
