Big win in Beijing’s Supreme Court

In a landmark ruling, the Beijing Supreme Court ruled in favour of Deroose Plants, a member of Plantum, in a case against a Guangdong infringer of Bromeliad varieties.

That is not all; it establishes one critical legal precedent, underlining how much intellectual property is essential to innovation and competition in the plant world.

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 unauthorised actions and pay a significant financial penalty. It is the final judgement that cannot be contested.

A monumental win for the industry at large

This is a massive decision for the plant breeding industry: it confirms protection for proprietary varieties under Chinese law and, more importantly, sends a powerful 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, CEO of Deroose Plants: “This is a monumental win, not only for us but for the horticultural industry at large. This showcases our commitment to protecting 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.”

“This landmark ruling is more than a victory for Deroose Plants; it is a defining moment for the horticultural industry in China as a whole”, commented Dr. Lucas Vanhaelewyn, managing director of Deroose Plants in China. “It confirms that intellectual property rights are to be respected and protected. In this verdict, the courts have sent a compelling message to copy labs and shoot producers that infringement of these rights will not be tolerated. It gives us the confidence to strongly scale up our actions against infringers, ensuring that past violations are dealt with and future ones are deterred. We will continue vigilantly defending our rights to ensure a fair and competitive environment for all intellectual property holders.”

Reassurance

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 reassures various stakeholders how Deroose manages and protects its intellectual assets.

Leily Huang of the Deroose Plants legal team explained: “This judgment is great because it further empowers breeders’ rights with the confirmation of protection available for new varieties within the horticultural industry. Respecting plant variety rights is a pre-requisite for the sector’s sustainable development.”

Until this judgment, the entire industry closely watched the case 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.

This article was first published in the November 2024 issue of FloraCulture International.