Last October, Zespri won a significant legal victory in China, successfully defending the intellectual property rights of New Zealand kiwifruit growers.
The case involved the unauthorised planting of more than 200 hectares of Gold3 kiwifruit in Hubei province, with fruit then sold online.
Wuhan Intermediate People’s Court ordered the defendant to remove 260ha of infringing plant material and to pay compensation to Zespri of 5.25 million yuan ($1.28 million) in damages and expenses.
Zespri chief executive Jason Te Brake said changes to the PVR Act would deliver real benefits by protecting growers, backing innovation, increasing exports and supporting regional jobs and communities.
“Innovation is critical to protecting and growing value for New Zealand.
“In 2024-25, kiwifruit returned more than $3 billion directly to growers and their communities and supported tens of thousands of regional jobs.”
Export sales
Te Brake said around 75% of kiwifruit export sales came from Zespri’s PVR‑protected varieties, sold under the Zespri SunGold and Zespri RubyRed trademarks, highlighting the importance of a strong and effective IP framework.
He said that, through the Kiwifruit Breeding Centre (KBC), in partnership with the Bioeconomy Science Institute, Zespri had invested for decades in developing high‑value new varieties to grow market demand and help growers respond to rising costs and climate change.
“These varieties, alongside continued investment in our brand, supply chain and building demand, are delivering significant value back to New Zealand.
“Stronger plant variety rights would help the industry invest with confidence, protect value, and bring more high-value varieties to market.”
KBC chief executive Dr Matt Glenn said the proposed changes would strengthen its ability to achieve its vision of “delivering the world’s most irresistible, healthy fruit for good”, while affording greater protection, leading to a positive primary sector innovation ecosystem.
Zespri chief executive Jason Te Brake announces 2035 strategy at the Momentum Conference. Photo / Jamie Troughton/Dscribe Media
“Fewer than 1% of the potential varieties in our breeding programme will result in a commercial cultivar, so maximising protection for these highly valuable varieties is critically important.”
He said developing a new kiwifruit variety requires millions of dollars of investment and can take up to 20 years of research, selection, field testing and commercial validation before it can be successfully released.
“A clear and durable protection framework gives industry greater confidence that this long-term scientific and financial investment can be responsibly managed, and value returned to the kiwifruit growers.”
He said adjusting the PVR duration would also better align New Zealand with international settings, helping to protect existing value, unlock future export growth, and maintain competitiveness in high‑value horticulture.
Kiwifruit Breeding Centre chief executive Dr Matt Glenn.
Government protection
New Zealand Kiwifruit Growers Incorporated chief executive Colin Bond said the vast majority of the industry’s export value was attributable to kiwifruit protected by PVR.
Bond said the government’s proposal to strengthen Plant Variety Rights would reduce the risk of unauthorised copying or export during the application period.
“It would also encourage new variety development, supporting New Zealand growers.”
He said the extension of Plant Variety Rights would help maintain the commercial settings that underpinned the industry’s success and also helped fund future research.
“The Government’s proposal is about the greater good.
“Stronger Plant Variety Rights protection will create long-term value, allowing our industry and the wider New Zealand economy to harvest the rewards.”
Horticulture New Zealand said the government’s actions were positive for the sector and would drive innovation, investment and long-term productivity.
“These measures will provide greater certainty for breeders, growers and investors making decisions over long production cycles,” Horticulture NZ chief executive Kate Scott said.
“They also better reflect the realities of how innovation is developed and adopted in horticulture.”
Scott said new varieties took time, capital and sustained commitment to bring through to commercial use.
“A policy framework that gives appropriate protection over that journey helps deliver the confidence needed for ongoing investment across horticulture.”
Scott said strong PVRs were an important part of maintaining New Zealand’s position in premium horticulture, helping ensure that the benefits of research, breeding and commercial uptake can be realised over an appropriate timeframe.