The Beijing Supreme Court ruled in favor of Deroose Plants, a member of Plantum, in a case against a Guangdong infringer of Bromeliad varieties. Deroose Plants: "It goes to establish one critical legal precedent, underlining just how much intellectual property is essential to innovation and competition in the plant world."
Background
"The problem started when the defendant began to produce, propagate, and sell the variety, protected under Deroose Plants' plant breeder rights, without prior permission."
The lower court did not entirely address the evidence presented by Deroose Plants. Consequently, Deroose opted to file an appeal to the Beijing Supreme Court. The higher court identified infringement and instructed the defendant to immediately cease all unauthorized actions and pay a significant financial penalty. It is the final judgment that cannot be contested, states Deroose Plants.
"A huge decision for the Industry"
"This is a huge decision for the plant breeding industry: it confirms protection for proprietary varieties under Chinese law and, more importantly, sends a very strong message to others who might wish to infringe such rights, which is crucial for breeders who invest much time and resources into developing new plants."
According to Maurice van Winden, Global CEO of Deroose Plants: "This is a monumental win, not only for us but for the botanical industry at large. This showcases our commitment to the protection of our innovations and the environment in which those bloom. Rest assured, we will continue to pursue any violations of plant variety rights, securing our R&D investments".
"A huge decision for the company"
"An outcome such as this would, on the strategic level, help Deroose Plants maintain their leading edge in terms of variety and uniqueness. It also gives reassurance to various stakeholders in how Deroose manages and protects its intellectual assets.
"Till this judgment, the case was being closely watched by the entire industry as it would set a new benchmark in the enforcement of rights relating to plant varieties. The Supreme Court ruling is likely to inspire more companies to actively defend their intellectual property and perhaps result in more investment flowing into plant breeding research and development."
For more information:
Deroose Plants
Maurice van Winden
[email protected]
www.derooseplants.com
Plantum
Sjoerd Bijl
[email protected]
www.plantum.nl