Victory marks first successful protection of Blueberry Plant Breeders Rights in China
Mountain Blue Orchards (MBO) has achieved a significant legal victory in the Intermediate People’s Court of Kunming, Yunnan Province, China.
The court ruled in favour of MBO in its infringement litigation against an unlicensed nursery in Yunnan Province for the illegal reproduction, propagation, and sale of ‘Ridley 1602’ – Eureka Sunrise (L25).
According to MBO, this is the first successful case in China for the protection of Blueberry Plant Breeders Rights (PBR). It said in a release the illegal propagation, growing and selling of protected blueberry varieties in China has been a challenge and this case now sets a strong and serious precedent and sends a message to the industry that the abuse of protected varieties needs to stop.
“MBO has always taken a very serious stand against the illegal use of its varieties and will continue to actively prosecute those who choose to do so,” the company said.
The litigation was jointly carried out by MBO and the Guangdong Nuopin Law Firm. The defendant was penalised to immediately cease the reproduction, propagation and sale of Ridley 1602 – Eureka Sunrise (L25) – blueberry seedlings and to compensate MBO for economic losses and expenses incurred during the litigation.
Mountain Blue’s spokesperson stated: “We are extremely encouraged by the action taken by the People’s Court of Kunming in enforcing the PBR rights of breeders in China. The protection of PBRs is critical to ensure constant innovation in selecting and growing better blueberry varieties. MBO will continue to rigorously defend our rights and take appropriate legal action against other existing illegal growers, nurseries and any future infringements.”
