Gao v Zespri Group Ltd - [2022] 2 NZLR 219

Intellectual property — Plant Variety Rights — Extraterritoriality — Whether breaches occurred in New Zealand — Export of plants — Respondent had exclusive rights in respect of G3 and G9 kiwifruit varieties — Whether alleged breaches of rights caused respondent loss — Whether breaches of licence agreements that resulted in orchards being planted in China, under New Zealand jurisdiction — Plant Variety Rights Act 1987 s 17.

Intellectual property — Remedies — Calculation of Damages — Respondent had exclusive rights in respect of G3 and G9 kiwifruit varieties — Appellant exported vines to China — Loss of income to the respondent — Reasonable expectation of proceedings in China — Inappropriate to calculate damages as if China would continue to allow the breaches to occur — Damages based on orchard area — User principle applied.