NZ kiwifruit IP owner wins major China court case over unlicensed KiwiGold plantations
5 Nov 2025
Author
Martin Croft
PR & Communications Manager
Image Zespri
Zespri International, the world’s largest marketer of kiwifruit, has just won a major legal victory in China, successfully defending the intellectual property rights of New Zealand kiwifruit growers.
The latest court case revolves around Zespri’s IP-protected KiwiGold (or Gold3) fruit, originally developed by the Plant & Food Research Institute in the 1980s and now marketed and licensed worldwide by Zespri.
After China introduced its new Seed Law in 2022, which amongst other things extends added protection for breeders and seed producers, Zespri filed a case in the Wuhan Intermediate People’s Court in China over the unauthorised production, sale and marketing of Gold3 kiwifruit. The infringement involved the unauthorised planting of over 200 hectares of Gold3 in Hubei Province, with fruit then sold online.
The Wuhan Court has now ruled that the main defendant did infringe Zespri’s IP rights through the unauthorised planting and sale of Gold3.
According to a statement from Zespri, the defendant has been ordered to destroy the infringing trees and to pay compensation to Zespri of 5,246,200 Chinese Yuan, or NZD $1.28 million.
Zespri, which is a co-operative of New Zealand Kiwi fruit growers, is in a 50/50 joint venture with New Zealand’s Plant & Food Research Institute, a government agency, to operate the Kiwifruit Breeding Centre, which develops new Kiwifruit varieties. Although the kiwifruit originated in China, and the country accounts for 55% of the world’s total production, New Zealand was a major force in developing and marketing new varieties, including KiwiGold. New Zealand growers and the New Zealand government have invested millions of dollars in developing and registering rights to new varieties.
Zespri has 2500 licensed growers in New Zealand, 800 in Japan, 500 in Italy, 130 in South Korea and 100 in France, and others in Greece and Australia.
While the Wuhan decision is being hailed as a major victory, Zespri estimates that, after a Chinese grower who had bought a New Zealand kiwifruit farm smuggled KiwiGold plants into China in 2016, there are now at least 5,400 hectares of unlicensed KiwiGold trees, more than half the 9,300 licensed hectares in New Zealand.
Zespri CEO Jason Te Brake says the outcome is a significant win for the New Zealand industry and its partners in China, and marks a major step in its efforts to protect the rights of New Zealand growers.
“This case demonstrates the increased protection for plant variety rights (PVRs) made possible by changes to China’s Seed Law in 2022 and the strong support of local authorities in safeguarding intellectual property rights. It also highlights the importance of intellectual property protection in horticulture, for local and foreign companies, and the role it plays in ensuring food safety for consumers.”
The Zespri statement added that China is an important market for Zespri (estimates are that it buys around 10% of all New Zealand kiwifruit exports) and the company “will continue its efforts to work with the industry to find a constructive solution to the continuing changes seen in China associated with unauthorised Gold3 plantings.” In recent years, Zespri has launched an education program in China around the benefits of taking a licence for Zespri’s protected plant varieties, and, according to a story in The Guardian in 2021, was proposing an initiative to buy unlicensed Chinese fruit and sell it under the Zespri brand.
The fact that what we now call kiwifruit were originally native to China (and known in the west until the 1950s as ‘Chinese gooseberries’) complicates matters, as it could fuel cultural ‘appropriation’ claims.
But IP experts suggest that the new China Seed Law is a clear indication that the Chinese Government recognises that plant varietal rights, like other forms of IP protection, are a key element in its attempts to be seen as a safe place for global companies, particularly those with registered IP, to do business.
Significantly, Chinese growers are themselves now investing in developing new strains of Chinese gooseberries – and seeking to protect them via Plant Variety Rights.
Image Zespri
Zespri International, the world’s largest marketer of kiwifruit, has just won a major legal victory in China, successfully defending the intellectual property rights of New Zealand kiwifruit growers.
The latest court case revolves around Zespri’s IP-protected KiwiGold (or Gold3) fruit, originally developed by the Plant & Food Research Institute in the 1980s and now marketed and licensed worldwide by Zespri.
After China introduced its new Seed Law in 2022, which amongst other things extends added protection for breeders and seed producers, Zespri filed a case in the Wuhan Intermediate People’s Court in China over the unauthorised production, sale and marketing of Gold3 kiwifruit. The infringement involved the unauthorised planting of over 200 hectares of Gold3 in Hubei Province, with fruit then sold online.
The Wuhan Court has now ruled that the main defendant did infringe Zespri’s IP rights through the unauthorised planting and sale of Gold3.
According to a statement from Zespri, the defendant has been ordered to destroy the infringing trees and to pay compensation to Zespri of 5,246,200 Chinese Yuan, or NZD $1.28 million.
Zespri, which is a co-operative of New Zealand Kiwi fruit growers, is in a 50/50 joint venture with New Zealand’s Plant & Food Research Institute, a government agency, to operate the Kiwifruit Breeding Centre, which develops new Kiwifruit varieties. Although the kiwifruit originated in China, and the country accounts for 55% of the world’s total production, New Zealand was a major force in developing and marketing new varieties, including KiwiGold. New Zealand growers and the New Zealand government have invested millions of dollars in developing and registering rights to new varieties.
Zespri has 2500 licensed growers in New Zealand, 800 in Japan, 500 in Italy, 130 in South Korea and 100 in France, and others in Greece and Australia.
While the Wuhan decision is being hailed as a major victory, Zespri estimates that, after a Chinese grower who had bought a New Zealand kiwifruit farm smuggled KiwiGold plants into China in 2016, there are now at least 5,400 hectares of unlicensed KiwiGold trees, more than half the 9,300 licensed hectares in New Zealand.
Zespri CEO Jason Te Brake says the outcome is a significant win for the New Zealand industry and its partners in China, and marks a major step in its efforts to protect the rights of New Zealand growers.
“This case demonstrates the increased protection for plant variety rights (PVRs) made possible by changes to China’s Seed Law in 2022 and the strong support of local authorities in safeguarding intellectual property rights. It also highlights the importance of intellectual property protection in horticulture, for local and foreign companies, and the role it plays in ensuring food safety for consumers.”
The Zespri statement added that China is an important market for Zespri (estimates are that it buys around 10% of all New Zealand kiwifruit exports) and the company “will continue its efforts to work with the industry to find a constructive solution to the continuing changes seen in China associated with unauthorised Gold3 plantings.” In recent years, Zespri has launched an education program in China around the benefits of taking a licence for Zespri’s protected plant varieties, and, according to a story in The Guardian in 2021, was proposing an initiative to buy unlicensed Chinese fruit and sell it under the Zespri brand.
The fact that what we now call kiwifruit were originally native to China (and known in the west until the 1950s as ‘Chinese gooseberries’) complicates matters, as it could fuel cultural ‘appropriation’ claims.
But IP experts suggest that the new China Seed Law is a clear indication that the Chinese Government recognises that plant varietal rights, like other forms of IP protection, are a key element in its attempts to be seen as a safe place for global companies, particularly those with registered IP, to do business.
Significantly, Chinese growers are themselves now investing in developing new strains of Chinese gooseberries – and seeking to protect them via Plant Variety Rights.
Image Zespri
Zespri International, the world’s largest marketer of kiwifruit, has just won a major legal victory in China, successfully defending the intellectual property rights of New Zealand kiwifruit growers.
The latest court case revolves around Zespri’s IP-protected KiwiGold (or Gold3) fruit, originally developed by the Plant & Food Research Institute in the 1980s and now marketed and licensed worldwide by Zespri.
After China introduced its new Seed Law in 2022, which amongst other things extends added protection for breeders and seed producers, Zespri filed a case in the Wuhan Intermediate People’s Court in China over the unauthorised production, sale and marketing of Gold3 kiwifruit. The infringement involved the unauthorised planting of over 200 hectares of Gold3 in Hubei Province, with fruit then sold online.
The Wuhan Court has now ruled that the main defendant did infringe Zespri’s IP rights through the unauthorised planting and sale of Gold3.
According to a statement from Zespri, the defendant has been ordered to destroy the infringing trees and to pay compensation to Zespri of 5,246,200 Chinese Yuan, or NZD $1.28 million.
Zespri, which is a co-operative of New Zealand Kiwi fruit growers, is in a 50/50 joint venture with New Zealand’s Plant & Food Research Institute, a government agency, to operate the Kiwifruit Breeding Centre, which develops new Kiwifruit varieties. Although the kiwifruit originated in China, and the country accounts for 55% of the world’s total production, New Zealand was a major force in developing and marketing new varieties, including KiwiGold. New Zealand growers and the New Zealand government have invested millions of dollars in developing and registering rights to new varieties.
Zespri has 2500 licensed growers in New Zealand, 800 in Japan, 500 in Italy, 130 in South Korea and 100 in France, and others in Greece and Australia.
While the Wuhan decision is being hailed as a major victory, Zespri estimates that, after a Chinese grower who had bought a New Zealand kiwifruit farm smuggled KiwiGold plants into China in 2016, there are now at least 5,400 hectares of unlicensed KiwiGold trees, more than half the 9,300 licensed hectares in New Zealand.
Zespri CEO Jason Te Brake says the outcome is a significant win for the New Zealand industry and its partners in China, and marks a major step in its efforts to protect the rights of New Zealand growers.
“This case demonstrates the increased protection for plant variety rights (PVRs) made possible by changes to China’s Seed Law in 2022 and the strong support of local authorities in safeguarding intellectual property rights. It also highlights the importance of intellectual property protection in horticulture, for local and foreign companies, and the role it plays in ensuring food safety for consumers.”
The Zespri statement added that China is an important market for Zespri (estimates are that it buys around 10% of all New Zealand kiwifruit exports) and the company “will continue its efforts to work with the industry to find a constructive solution to the continuing changes seen in China associated with unauthorised Gold3 plantings.” In recent years, Zespri has launched an education program in China around the benefits of taking a licence for Zespri’s protected plant varieties, and, according to a story in The Guardian in 2021, was proposing an initiative to buy unlicensed Chinese fruit and sell it under the Zespri brand.
The fact that what we now call kiwifruit were originally native to China (and known in the west until the 1950s as ‘Chinese gooseberries’) complicates matters, as it could fuel cultural ‘appropriation’ claims.
But IP experts suggest that the new China Seed Law is a clear indication that the Chinese Government recognises that plant varietal rights, like other forms of IP protection, are a key element in its attempts to be seen as a safe place for global companies, particularly those with registered IP, to do business.
Significantly, Chinese growers are themselves now investing in developing new strains of Chinese gooseberries – and seeking to protect them via Plant Variety Rights.
Image Zespri
Zespri International, the world’s largest marketer of kiwifruit, has just won a major legal victory in China, successfully defending the intellectual property rights of New Zealand kiwifruit growers.
The latest court case revolves around Zespri’s IP-protected KiwiGold (or Gold3) fruit, originally developed by the Plant & Food Research Institute in the 1980s and now marketed and licensed worldwide by Zespri.
After China introduced its new Seed Law in 2022, which amongst other things extends added protection for breeders and seed producers, Zespri filed a case in the Wuhan Intermediate People’s Court in China over the unauthorised production, sale and marketing of Gold3 kiwifruit. The infringement involved the unauthorised planting of over 200 hectares of Gold3 in Hubei Province, with fruit then sold online.
The Wuhan Court has now ruled that the main defendant did infringe Zespri’s IP rights through the unauthorised planting and sale of Gold3.
According to a statement from Zespri, the defendant has been ordered to destroy the infringing trees and to pay compensation to Zespri of 5,246,200 Chinese Yuan, or NZD $1.28 million.
Zespri, which is a co-operative of New Zealand Kiwi fruit growers, is in a 50/50 joint venture with New Zealand’s Plant & Food Research Institute, a government agency, to operate the Kiwifruit Breeding Centre, which develops new Kiwifruit varieties. Although the kiwifruit originated in China, and the country accounts for 55% of the world’s total production, New Zealand was a major force in developing and marketing new varieties, including KiwiGold. New Zealand growers and the New Zealand government have invested millions of dollars in developing and registering rights to new varieties.
Zespri has 2500 licensed growers in New Zealand, 800 in Japan, 500 in Italy, 130 in South Korea and 100 in France, and others in Greece and Australia.
While the Wuhan decision is being hailed as a major victory, Zespri estimates that, after a Chinese grower who had bought a New Zealand kiwifruit farm smuggled KiwiGold plants into China in 2016, there are now at least 5,400 hectares of unlicensed KiwiGold trees, more than half the 9,300 licensed hectares in New Zealand.
Zespri CEO Jason Te Brake says the outcome is a significant win for the New Zealand industry and its partners in China, and marks a major step in its efforts to protect the rights of New Zealand growers.
“This case demonstrates the increased protection for plant variety rights (PVRs) made possible by changes to China’s Seed Law in 2022 and the strong support of local authorities in safeguarding intellectual property rights. It also highlights the importance of intellectual property protection in horticulture, for local and foreign companies, and the role it plays in ensuring food safety for consumers.”
The Zespri statement added that China is an important market for Zespri (estimates are that it buys around 10% of all New Zealand kiwifruit exports) and the company “will continue its efforts to work with the industry to find a constructive solution to the continuing changes seen in China associated with unauthorised Gold3 plantings.” In recent years, Zespri has launched an education program in China around the benefits of taking a licence for Zespri’s protected plant varieties, and, according to a story in The Guardian in 2021, was proposing an initiative to buy unlicensed Chinese fruit and sell it under the Zespri brand.
The fact that what we now call kiwifruit were originally native to China (and known in the west until the 1950s as ‘Chinese gooseberries’) complicates matters, as it could fuel cultural ‘appropriation’ claims.
But IP experts suggest that the new China Seed Law is a clear indication that the Chinese Government recognises that plant varietal rights, like other forms of IP protection, are a key element in its attempts to be seen as a safe place for global companies, particularly those with registered IP, to do business.
Significantly, Chinese growers are themselves now investing in developing new strains of Chinese gooseberries – and seeking to protect them via Plant Variety Rights.
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Inngot's online platform identifies all your intangible assets and demonstrates their value to lenders, investors, acquirers, licensees and stakeholders
Accreditations
Copyright © Inngot Limited 2019-2025. All rights reserved.
Inngot's online platform identifies all your intangible assets and demonstrates their value to lenders, investors, acquirers, licensees and stakeholders
Accreditations
Copyright © Inngot Limited 2019-2025. All rights reserved.
Inngot's online platform identifies all your intangible assets and demonstrates their value to lenders, investors, acquirers, licensees and stakeholders
Accreditations
Copyright © Inngot Limited 2019-2025. All rights reserved.