During proceedings before the Liège corporate court, Breeders Trust reached a settlement with a Belgian farmer from Gembloux, Wallonia, who had been using farm-saved seeds of the Innovator potato variety without paying the required royalties. This variety is protected by plant breeders’ rights, and the farmer had consistently found new arguments to avoid meeting his payment obligations.
In Belgium, every potato grower has the right to use a portion of their harvest as farm-saved seeds for the following year on their own farm. However, this is subject to several legal provisions. Firstly, there is an obligation to register the cultivation of farm-saved seed potatoes with the Federal Agency for the Safety of the Food Chain (FAVV). Additionally, the use of farm-saved seeds of a variety protected by plant breeders’ rights must be registered on the website www.hoevepootgoed.be.
The potato grower had complied with both registration obligations but continued to refuse payment of royalties to Breeders Trust. “This made legal action unavoidable,” stated Corné van Beers, the general director of Breeders Trust.
In the settlement, the potato grower admitted to violating plant breeders’ rights by using Innovator potatoes as farm-saved seeds on his farm without paying the required royalties. The grower agreed to cease further infringements of these rights and has paid the owed royalties to Breeders Trust, along with compensation for the legal costs incurred due to the infringement.
“This settlement is an important signal for Breeders Trust,” says Van Beers, “all users of farm saved seeds of varieties protected by plant breeders’ rights are expected to pay royalties. Growers need this income to continue developing new potato varieties. Exceptions to the obligation to pay royalties undermine the solidarity of other users of farm saved seeds. Whereby it remains necessary to sometimes go to court.”
More information about Breeders Trust can be found at www.breederstrust.eu
