SunGold smuggler loses appeal

Tue 14/09/2021 by Richard Wilkinson

The case of the smuggled Zespri SunGold kiwi rootstock to China appears to have reached a positive conclusion for Zespri, with the smuggler ordered to pay over US$8.5 million, following an unsuccessful appeal. Last year, New Zealand’s High Court ordered Haoyu  Gao, a former grower, to pay Zespri compensation for taking the cuttings to China  after signing a supposed licensing agreement with a grower there. Zespri claimed Gao’s agreement to supply the  cuttings was an infringement of its rights under the  Plant Varieties Rights Act. Following an appeal, the compensation was reduced due to the  inexact measurement of the  Chinese orchards involved.


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