Bloom Fresh, a premium fruit breeding company, has won a decisive victory in China, where a multiyear infringement case involving large scale hectares of illegally planted Sweet Sapphire grapes in one of China’s most important grape-producing regions, has closed.
China’s Supreme People’s Court has upheld an earlier administrative penalty decision made by the Binchuan Bureau of Agriculture and Rural Affairs concerning a Yunnan-based target engaged in the unauthorized production, propagation and sales of the protected IFG Six grape variety, marketed under the trademark Sweet Saphire and the trade name Zi Yu Tian Zhu, according to a news release.
The court determined the target infringed Bloom Fresh’s plant variety rights; the fine issued by the local authority was correct and enforceable; and the destruction of all propagating materials was lawful and appropriate.
“This ruling represents a decisive enforcement win and reinforces the strength of [plant variety rights] PVR protection in China,” says Bloom Fresh CEO Josep Estiarte.
With the appeal dismissed at the highest level, the fine and penalty originally imposed by the Binchuan Bureau of Agriculture and Rural Affairs will be fully enforced against the target, the release said.
“We applaud the efforts of the local authorities to implement the PVR law and take action against infringements. We also applaud the Supreme People’s Court for uploading the decision and actions of the administrative authorities,” says Alanna Rennie, chief legal officer of Bloom Fresh. “This implementation and upholding of the law in China gives Bloom Fresh renewed energy and confidence to continue investing in the long-term development of varieties for Chinese farms and consumers and commercializing these in China. This cements our long-term vision in China.”
The enforcement victory also coincides with Bloom Fresh’s completion of the IFG Six legalization program in China on Oct. 31.
With this case now closed, Bloom Fresh says it will actively pursue any IFG Six infringements it identifies, ensuring that compliant, authorized growers are fully protected and continue to receive the benefits of being Bloom Fresh licensees.
“Our ambition to support the growth of the industry in China depends on protecting the integrity of our varieties and the interests of our licensed growers,” adds Campbell Banfield, general manager for Bloom Fresh China, Australia and Southeast Asia. “This judgment ensures that legitimate growers can feel protected and is a clear signal to all growers, nurseries, marketers and retailers that it is critical to be confident in the legitimacy and legality of your value chain. Bloom Fresh is here in China to support legitimate operators and work to ensure we have a fair and prosperous industry.”
Bloom Fresh says it will continue to stamp out illegal production and propagation of IFG Six across the country and throughout the supply chain, while investing to build the Sweet Sapphire brand.
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