Zespri claimed Gao signed the document agreeing to supply the gold kiwifruit to a Chinese grower - and that was an infringement of Zespri's rights under the Plant Varieties Rights Act. "Mr Gao's evidence was often evasive and implausible. She found the intention of the Plant Varieties Rights Act and international agreements was to allow damages to be considered across borders. Mr Shu (then a senior figure in the Hubei kiwifruit industry) likely sought out Mr Gao for the specific purpose of obtaining G3 and/or G9 from him. She rejected his claim not to have known he breached his own gold kiwifruit licensing agreement with Zespri for his Opotiki orchard.

Source: Stuff February 16, 2020 18:56 UTC