10 Feb 2020
ZESPRI GROUP LIMITED v GAO & ORS [2020] NZHC 109
- Citation
- [2020] NZHC 109
- Court
- High Court
Where a defendant's acts within New Zealand (offers to sell, export, preparation and execution of documents) have the effect of diminishing a grantee's enjoyment of exclusive PVR rights conferred by s 17, those acts are actionable even if consequential propagation or sales occur abroad; here Gao and Smiling Face carried out such acts (supply/export of G3/G9, execution of a false licence and participation in joint ventures) and thereby infringed Zespri's PVRs and breached G3 licence covenants; damages are awarded on the user (notional licence) principle, and certain hearsay statements by a for…