Source: Radio New Zealand
Illegal Scilate apple trees have been destroyed in a Gansu province orchard. Supplied
Illegal apple orchards in China have been torn down after the Supreme Court ruled in favour of New Zealand horticulture company T&G.
T&G owns the IP rights to its Scilate apple variety, which is marketed as ENVY – it’s grown both here and through a licensed grower in China.
But a company in the Shandong Province, China’s main apple growing region, grew and sold the variety using similar markings to T&G’s ENVY.
The Supreme People’s Court has issued a final judgment in favour of T&G in the dispute with a Chinese defendant.
The court has ordered the defendant to pay significant damages to T&G and to stop all infringement of the company’s Scilate plant variety rights.
The court has also supervised the destruction of a large number of illegally planted trees in the Gansu province.
T&G chief executive Gareth Edgecomb said this is a significant win for the company.
“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.
“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,”
Edgecomb said over the last 20 years T&G had invested significantly in the research and development of new varieties.
“The Court’s judgment, 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.
“It provides T&G with further confidence to continue investing in China knowing our intellectual property is well protected.”
Kiwifruit marketer Zespri has also been plagued by illegal plantings in China and has had successful prosecutions.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
