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Lusheng Secures Major Plant Variety Rights Victory for BLOOM FRESH

Published on 06 Aug 2025 | 2 minute read
It is BLOOM FRESH’s first-of-its-type Plant Variety Rights litigation in China.

Shanghai, August 2025. After months of investigation and legal action, Lusheng Law Firm (‘Lusheng’), Rouse’s strategic partner in China, has successfully represented one of the world’s leading breeders of table grapes, cherries, and blueberries, BLOOM FRESH International Limited (‘BLOOM FRESH’), to secure the destruction of a batch of unlawfully propagated vines of the IFG Ten variety known to consumers as SWEET GLOBETM (甜蜜地球™). In this case, vines and fruit of IFG Ten were being sold by the infringing party under the name of "Linglong Xingguang" (玲珑星光), which was deemed a serious breach of BLOOM FRESH's plant variety rights (PVR).

As a result of the litigation action, the illegal propagator of IFG Ten, was compelled to destroy the illegal vines at their own expense and pay substantial compensation to BLOOM FRESH.

This decision should be a wake-up call for any parties involved in the unauthorized cultivation and sale of BLOOM FRESH varieties. The company remains committed to taking legal action against any infringing use of its plant varieties and trade marks. In addition to IFG Ten, BLOOM FRESH holds numerous popular varieties and trade marks, such as IFG Six (registered trademarks: / SWEET SAPPHIRE™)/甜蜜蓝宝石™and IFG Twenty-two (registered trademarks: CANDY DREAMS™/糖果梦想™).


Sunny Su of Lusheng Law Firm, the case’s leading lawyer:

"The success of this litigation case was down to the precise identification of infringement leads, efficient action, and the staunch assistance and cooperation of BLOOM FRESH. The Lusheng team satisfied the chain of evidence requirements through meticulous investigation and coordinated precise DNA testing comparisons. The result was an effective implementation of the overall strategy ultimately assisting BLOOM FRESH to combat illegal propagation and sales and halting the infringement. Infringing operations of this nature are often complex such as coordinated planting by multiple parties, organization management by specialized entities, and covert sales channels, which significantly increase the difficulty of evidence collection. However, drawing on our extensive experience in the protection of new plant varieties and our close collaboration with BLOOM FRESH, we were able to secure the evidence and substantiate the legal arguments. This case is an example of China's strong plant variety protection system, demonstrating the legal system's commitment to a “'full-chain protection' of intellectual property rights."

 

Josep Estiarte, CEO of BLOOM FRESH:

"Today we send a very clear message to the industry: We have zero tolerance for illegal propagation and any infringement of our intellectual property rights. We are fully committed to enforcement and will dedicate all necessary resources to protect our rights—no infringement will be overlooked. This case also serves as a warning that violators will face severe economic and legal consequences."

Josep Estiarte emphasized that, "The reason this matter is so important to us is simple: authorized growers in China have placed their trust in us to support their long-term, sustainable growth. We have a responsibility to ensure that infringers are held accountable through legal means—protecting the interests of our licensed partners and safeguarding consumers’ legitimate rights.”

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Senior Associate
+86 10 86324100
Senior Associate
+86 10 86324100