Lusheng Law Firm, the strategic partner of Rouse, has secured a landmark legal victory for Zespri Group Limited, successfully defending the plant variety rights of New Zealand kiwifruit growers in a precedent-setting case before the Wuhan Intermediate People's Court.
In this case, the Court ruled in favour of Zespri in a first-instance judgment against two defendants involved in the unauthorised production, sale, and marketing of Zespri's protected Gold3 (G3) kiwifruit variety. The primary defendant was ordered to immediately cease infringement, remove the infringing plant material, and pay Zespri damages and expenses totalling RMB 5.246 million (approximately £564,000).
The decision reinforces the growing maturity of China's IP system and the courts' willingness to recognise and enforce plant breeders' rights for international stakeholders. The determination addresses a long-standing evidentiary challenge in enforcing plant variety rights and establishes a new judicial reference point for similar cases in China.
Sharon Qiao, Senior Partner at Lusheng and lead external counsel for Zespri, said, "This case demonstrates the increased protection for plant variety rights made possible by China's 2022 Seed Law reforms and highlights the strong support of local authorities in safeguarding intellectual property."
Zespri CEO Jason Te Brake said, 'This case indicates a significant step in protecting grower value and ensuring the integrity of our premium kiwifruit varieties. With China an important market for Zespri, this positive outcome reinforces our commitment to work constructively with our partners to maintain a sustainable, trusted kiwifruit industry that benefits growers, distributors, and consumers alike."