SunGold smuggler loses appeal
Tue 14/09/2021 by Richard Wilkinson
Zespri
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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.
