Zespri to take legal action in China

Zespri is pursuing legal action in China to stop the spread of pirated kiwifruit cuttings.

The company's Gold Three variety was developed after 10 years of work with Plant and Food Research and is a much-valued strain of kiwifruit for the firm.

Zespri senior executive Dave Courtney says he first became aware of unauthorised plantings of G3 a few years ago.

It was now estimated 2500 hectares of illegal plants are under cultivation in China.

Dave says this was not a commercial threat for now but could become one if plantings spread further.

"So we are pursuing legal action - we are putting the blocks together to take civil action against some parties there," he says.

This case is believed to be breaking new ground in China, which has incurred repeated complaints about breaches of patents or copyright from many different countries.

"We will be one of the first to pursue plant variety rights in China," says Dave.

"We will have to step our way through it ... but where we have had trademark infringements in China we have had support from the authorities to rein that back in, so we are comfortable that we have the right channels to talk to."

Zespri has already gone to court over this matter in New Zealand, seeking $70 million in damages against parties alleged to have breached its trademark. A verdict has not yet been reached in that case.

-RNZ/Eric Frykberg.




3 Comments

Chinese Gooseberries

Posted on 21-11-2019 20:00 | By Slim Shady

Maybe you shouldn’t have nicked them in the first place. They are just taking back what is rightfully theirs.

Trademark

Posted on 21-11-2019 19:44 | By Walbuck

Good luck with that The chinese government is a law into itself - and will just laugh at any attempt at a lawsuit. Lets not forget the fruits original name was: Chinese Gooseberry and was originally stolen from China by Mary Fraser in 1904

How did

Posted on 21-11-2019 19:07 | By Merlin

How did they get the illegal plants in the first place?

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