Baker McKenzie has successfully supported Rockit Global, an innovative New Zealand healthy snacking company, in securing a significant first-instance judgment in a plant variety rights (PVR) infringement case in China, reinforcing the strength and enforceability of IP rights in a key agricultural market.
The Shenyang Intermediate People’s Court ruled in favor of Rockit, finding that an unauthorized nursery and grower had produced, propagated and sold the protected PremA96 apple variety without a license. The court ordered the destruction of infringing plant material, removing unlicensed supply from the market.
Importantly, the court confirmed that damages may extend to profits derived from both propagating materials and harvested fruit. It also found the infringement to be willful and conducted on a substantial scale, awarding compensation including punitive damages.
The team was led by Baker McKenzie's Intellectual Property Partner, Andrew Sim, supported by core team members Zhou Zheng (Partner), Jacqueline Wang and William Wu (Associates) of Baker McKenzie FenXun*.
Andrew Sim, Intellectual Property Partner at Baker McKenzie who led the matter, said: “We are pleased to have supported Rockit in taking comprehensive enforcement actions in China, and achieving strong outcomes. The recent court judgment is particularly significant as it reinforces the legal framework for plant variety rights protection. Notably it recognised that damages may include revenue from both propagating material and harvested fruit. This decision also sends a clear signal that wilful, large-scale infringement will be treated with seriousness. It strengthens the enforcement landscape for rights holders in China and underscores the growing robustness of the country’s plant variety rights regime.”
*Baker McKenzie established a joint operation office with FenXun in China as Baker McKenzie FenXun, approved by the Shanghai Justice Bureau in 2015.