Illegal apple orchards in China have been demolished following the Supreme Court win for New Zealand horticulture company T&G.
T&G holds intellectual property rights to its Scilate apple variety, marketed as Envy™ and grown in New Zealand and by a licensed Chinese grower. However, a Shandong Province firm, China’s top apple region, illegally grew and sold the variety mimicking the Envy™ branding.
The Supreme People’s Court mandates the defendant to pay substantial damages to T&G and cease all Scilate plant variety rights infringement. The court also supervised the destruction of numerous illegally planted trees in Gansu Province.
“We welcome this ruling by the Supreme People’s Court and the commitment it shows under China’s strengthened Seed Law to safeguard plant variety rights and put a stop to illegitimate production and infringement,” T&G chief executive Gareth Edgecombe said.
“With it being the second ruling in T&G’s favour by China’s highest court, it establishes a strong judicial precedent for the handling of similar infringement disputes in China.”
“The court’s judgement, as well as the recent Regulations on the Protection of New Plant Varieties, which give the authorities strong powers to investigate and enforce infringement of plant intellectual property rights, will benefit plant breeders, growers, customers and the horticulture sector.
Edgecombe noted T&G’s heavy R&D investment in new varieties over 20 years, adding the ruling boosts confidence for ongoing China investments with solid intellectual property safeguards.