Global law firm Baker McKenzie and Chinese law firm FenXun, through the joint operation platform Baker McKenzie FenXun*, have helped secure a landmark civil judgment for BLOOM FRESH International Limited (“BLOOM FRESH ”) in a Plant Variety Rights (“PVR”) infringement case in China.
BLOOM FRESH is a leading global fruit breeder and innovator, and several of its grape varieties are highly sought after in the market. This ruling is a first‑instance judgment confirming third-party infringement of BLOOM FRESH PVR for its proprietary grape variety IFG Six (marketed globally as SWEET SAPPHIRE™).
In this case, the defendants were found to have illegally produced, propagated, promoted and sold the IFG Six variety without authorization. They were also found to have handled and stored propagation materials of the infringing variety for reproductive purposes. As a result, the Court held that the defendants had infringed BLOOM FRESH's PVR and awarded BLOOM FRESH over RMB 4 million (approximately USD 573,000) in damages, an amount notable in the history of PVR infringement cases in China, particularly those involving asexually propagated varieties.This substantial award establishes a noteworthy industry precedent and underscores the growing importance Chinese courts place on safeguarding PVRs.
This victory also adds to the growing list of successful outcomes Baker McKenzie FenXun has achieved for its various clients in the area of PVR protection, including previous administrative enforcement actions targeting the illegal production and sale of certain IFG grape varieties.
The team was led by Baker McKenzie's Intellectual Property Partner, Andrew Sim, supported by core team members Partner Zheng Zhou and Associate Jacqueline Wang of FenXun Partners, and instructed by Alanna Rennie and Anthony Guerrieri from the BLOOM FRESH legal team.
Commenting on the matter, Andrew Sim, said: “We couldn’t be more pleased to have supported BLOOM FRESH in securing this landmark victory. This case, together with our earlier successes, demonstrates our strong capabilities and extensive experience in PVR protection. We are also encouraged to see Chinese courts placing increasing emphasis on enforcing PVR rights. We are confident that we will continue to help our clients achieve meaningful and impactful wins in their enforcement efforts.”
Campbell Banfield, General Manager for BLOOM FRESH China, Australia and Southeast Asia commented: “BLOOM FRESH is committed to working with the Chinese fresh produce industry to support its growth and leverage our portfolio of world class fruit varieties to deliver better products to the market and better returns for growers. As part of this commitment, we will continue to relentlessly pursue infringers who make it more difficult for legitimate growers to ensure the quality and integrity of their fruit. We are grateful to Chinese courts for protecting a fair and prosperous industry.”
*Baker McKenzie established a joint operation office with FenXun in China as Baker McKenzie FenXun, approved by the Shanghai Justice Bureau in 2015.
BLOOM FRESH is a leading global fruit breeder and innovator, and several of its grape varieties are highly sought after in the market. This ruling is a first‑instance judgment confirming third-party infringement of BLOOM FRESH PVR for its proprietary grape variety IFG Six (marketed globally as SWEET SAPPHIRE™).
In this case, the defendants were found to have illegally produced, propagated, promoted and sold the IFG Six variety without authorization. They were also found to have handled and stored propagation materials of the infringing variety for reproductive purposes. As a result, the Court held that the defendants had infringed BLOOM FRESH's PVR and awarded BLOOM FRESH over RMB 4 million (approximately USD 573,000) in damages, an amount notable in the history of PVR infringement cases in China, particularly those involving asexually propagated varieties.This substantial award establishes a noteworthy industry precedent and underscores the growing importance Chinese courts place on safeguarding PVRs.
This victory also adds to the growing list of successful outcomes Baker McKenzie FenXun has achieved for its various clients in the area of PVR protection, including previous administrative enforcement actions targeting the illegal production and sale of certain IFG grape varieties.
The team was led by Baker McKenzie's Intellectual Property Partner, Andrew Sim, supported by core team members Partner Zheng Zhou and Associate Jacqueline Wang of FenXun Partners, and instructed by Alanna Rennie and Anthony Guerrieri from the BLOOM FRESH legal team.
Commenting on the matter, Andrew Sim, said: “We couldn’t be more pleased to have supported BLOOM FRESH in securing this landmark victory. This case, together with our earlier successes, demonstrates our strong capabilities and extensive experience in PVR protection. We are also encouraged to see Chinese courts placing increasing emphasis on enforcing PVR rights. We are confident that we will continue to help our clients achieve meaningful and impactful wins in their enforcement efforts.”
Campbell Banfield, General Manager for BLOOM FRESH China, Australia and Southeast Asia commented: “BLOOM FRESH is committed to working with the Chinese fresh produce industry to support its growth and leverage our portfolio of world class fruit varieties to deliver better products to the market and better returns for growers. As part of this commitment, we will continue to relentlessly pursue infringers who make it more difficult for legitimate growers to ensure the quality and integrity of their fruit. We are grateful to Chinese courts for protecting a fair and prosperous industry.”
*Baker McKenzie established a joint operation office with FenXun in China as Baker McKenzie FenXun, approved by the Shanghai Justice Bureau in 2015.
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