Lusheng Law Firm (Rouse International Strategic Partner), acting for Zespri Group Limited of New Zealand (Zespri), successfully safeguarded the plant new variety rights of New Zealand kiwifruit growers before the Wuhan Intermediate People’s Court and obtained a landmark victory. This case was primarily handled by Lusheng senior partner Sharon Qiao and Ling Jin, Honorary Managing Partner of Shanghai Office.
In this case, the court of first instance upheld all of Zespri’s claims, finding that the two defendants, without authorization, had produced, sold and promoted Zespri’s protected kiwifruit variety “SunGold” (Gold3, “G3” for short), and that such acts constituted infringement. The principal defendant was ordered to immediately cease the infringement, eliminate the infringing propagating materials, and compensate Zespri for economic losses and reasonable litigation expenses in a total amount of RMB 5.246 million.
The judgment in this case reflects the protection afforded by Chinese courts to the rights and interests of international plant breeders, while at the same time resolving the long‑standing evidentiary difficulties in the enforcement of plant new variety rights, and establishing a new judicial adjudication standard for similar cases.
Case Handling Insights from the Lusheng Team
Sharon Qiao, senior partner at Lusheng and lead counsel in this case:
“This case reflects the enhanced protection of plant new variety rights following the 2022 amendment to China’s Seed Law, and also demonstrates the strong support of local judicial authorities in the field of intellectual property protection.”
Client Testimonial
Jason Te Brake, CEO of Zespri:
“This case marks a critical step forward in protecting growers’ interests and maintaining the integrity of premium kiwifruit varieties. China is an important market for Zespri, and this victory further strengthens our commitment to working with our partners to build a sustainable and trusted kiwifruit industry, enabling growers, distributors and consumers to share in the benefits of development.”
About Zespri
Zespri is 100% owned by current and former kiwifruit growers and is headquartered in Mount Maunganui, New Zealand, with more than 900 employees across Asia, Europe and the Americas. Zespri is committed to promoting the shared prosperity of people, communities and the environment through the health benefits of kiwifruit. Zespri works with 2,800 growers in New Zealand and 1,500 growers overseas to provide consumers around the world with fresh, delicious and healthy Zespri Green, Zespri RubyRed and SunGold kiwifruit.
In the 2024/25 season, Zespri supplied 220.9 million trays (over 795,000 tonnes) of kiwifruit to consumers in more than 50 markets worldwide, achieving global operating revenue of NZD 5.14 billion.
