Rockit Global has secured a significant legal victory in China, achieving a first-instance judgement in a Plant Variety Rights (PVR) infringement case that reinforces the long-term value of the Rockit apple brand.
The Shenyang Intermediate People’s Court found that an unauthorised nursery and grower operation had been producing, propagating and selling the PremA96 apple variety without a licence.
The court ordered the infringing plant material be cut back and rendered non-viable, removing unlicensed supply from the market and eliminating a source of infringing PremA96 seedling supply in China. The judgment also confirmed that compensation can include profits from both propagating material and fruit sales.
The court found the infringement was wilful and undertaken at a material scale, awarding total compensation exceeding Rmb1mn (US$147,917) including punitive damages.
Rockit Global general manager commercial, Tom Lane, said the decision was a positive outcome for everyone connected to the business.
“This is a good outcome for everyone with a stake in Rockit, our growers, our shareholders, and our partners in China,” Lane said. “Our plant variety rights and the Rockit brand are the two pillars this business is built on, and we monitor and enforce against infringement as a matter of course. Alongside our packaging case last year, this judgment shows that work in practice.
“We’re grateful to the Chinese courts for the considered way they’ve upheld our rights. China is one of our most important markets and we’re committed to it for the long term. A strong, rules-based system for protecting innovation supports the businesses investing here, the customers, partners and growers who operate with integrity, and the consumers who deserve confidence in what they buy.”
Rockit commercial development manager, Selina He, said the decision reinforced the value of the Rockit brand for customers and consumers in China.
“The Rockit brand is a promise that what you choose is exactly what it claims to be, and this decision protects that promise,” He said. “When a consumer in China chooses a Rockit apple, they are choosing genuine quality and provenance that cannot be sourced anywhere else. As Chinese consumers increasingly seek out authenticity, that assurance is what allows the brand, and the partners who build it with us, to keep earning their trust.”
The case establishes a strong legal precedent in China, strengthening Rockit’s ability to take further action against commercial-scale infringement, particularly where unauthorised growers are generating revenue from fruit sales.
It forms part of a broader, ongoing enforcement programme in China, where Rockit has been systematically pursuing infringement across the full spectrum, from unauthorised nursery propagation and commercial growing through to packaging imitation and trademark misuse.
In June 2025, Rockit succeeded in a separate trade dress and trademark case before the Zhejiang High People’s Court, which found a local company had acted in bad faith by copying Rockit’s distinctive cylindrical tube packaging and using similar marks, in breach of China’s Anti-Unfair Competition Law and Trademark Law. Pursued across different courts and different areas of law, the two decisions together demonstrate the breadth of Rockit’s enforcement programme and the strength of protection around both the PremA96 variety and the Rockit brand.
The outcome aligns with wider industry activity, with New Zealand horticulture exporters increasingly enforcing intellectual property rights in offshore markets to protect premium branded produce.
Andrew Sim, Baker McKenzie’s intellectual property partner who led these actions, commented “We are pleased to have supported Rockit in taking comprehensive enforcement actions in China, and achieving strong outcomes. The recent court judgement is particularly significant as it reinforces the legal framework for plant variety rights protection. Notably the court recognised that damages may include revenue from both propagating material and harvested fruit. This decision also sends a clear signal that wilful, large-scale infringement will be treated with seriousness. It strengthens the enforcement landscape for rights holders in China and underscores the growing robustness of the country’s plant variety rights regime.”
Tony Martin, Chief Executive of Prevar, welcomed the decision as an important milestone for horticultural innovation globally.
“Intellectual property is increasingly one of the most valuable assets in modern horticulture. Effective protection and enforcement of plant variety rights are essential to ensuring breeders, growers and commercialisation partners can realise a fair return on the investment required to bring new varieties to market. Decisions such as this help strengthen confidence in innovation, encourage continued investment in breeding, and ultimately support the development of higher-value opportunities for growers and consumers around the world.”
The decision also comes as the New Zealand Government moves to strengthen the country’s Plant Variety Rights regime, including a proposed extension to protection terms. The changes reflect the growing importance of protected varieties to export returns. According to New Zealand Apples and Pears, the apple and pear industry contributed around NZ$2.5bn (US$1.45) in total economic impact to the New Zealand economy in 2024, with the sector’s growth attributed in part to investment in high-value intellectual property varieties.
For Rockit growers, stronger PVR protection, both domestically and offshore, supports the continued exclusivity of the PremA96 variety and the controlled supply model that underpins premium pricing and long-term returns.