On 23 May 2025, the People's Court in China (Kunming Intermediate people's Court of Yunnan Province) ruled in favour of Dümmen Orange in a case against a Chinese company concerning the unauthorized cultivation and commercialization of Dümmen Orange's Sweet Avalanche+ rose variety.
The court ruled that the defendant immediately has to cease the production, propagation, and sale of plants infringing upon the plant variety rights of Dümmen Orange for "LEXTEEWS" (Sweet Avalanche+) and destroy the propagating materials and plants with reproductive capacity. The defendant was also ordered to compensate Dümmen Orange for economic losses and reasonable expenses incurred in safeguarding its rights within ten days from the effective date of the judgment.
© Dümmen Orange
This is decision confirms that plant breeder's rights for ornamental plant varieties are valid and enforceable under Chinese law. "The court's decision underlines the importance of respecting intellectual property rights, which safeguards innovation and investment in the global floriculture sector. Unauthorized production and sale of legally protected varieties is not permitted, and Dümmen Orange strives to further execute its enforcement strategy and take legal action wherever such infringements occur. Dümmen Orange shall address all types of infringement (whether against facilitators or growers) to create a level playing field for all parties involved and to achieve a fair and compliant floricultural marketplace in China."
For more information:
Dümmen Orange
[email protected]
www.dummenorange.com
