Brussels, Belgium
June 19, 2024
During proceedings before the Liège corporate court, Breeders Trust reached a settlement with a Belgian farm saved seed potato grower. The potato grower, living in Glemboux, Wallonia, refused to pay royalties on the area planted with farm saved seeds of the variety Innovator, protected by plant breeders’ rights. The potato grower always found new arguments for not having to meet his payment obligation.
Every potato grower in Belgium has the right to use a part of his harvest in the following year as farm saved seeds on his own farm. However, a number of legal provisions do apply. First of all, there is the obligation to register the cultivation of farm seed potatoes with FAVV, the Belgium Federal government. There is then the obligation to register the use of the cultivated farm seed seeds of a variety protected by plant breeders’ rights on the website: www.hoevepootgoed.be.
The potato grower involved has met both obligations. However, the entrepreneur still refused to pay the royalties to Breeders Trust. “Which made going to court inevitable,” says Corné van Beers, general director of Breeders Trust.
In the settlement, the potato grower acknowledges that he is guilty of violating plant breeder’s rights by using potatoes of the variety Innovator as farm saved seeds on his own farm without paying the royalties due. The grower will refrain from further infringing the aforementioned breeder’s rights. The grower involved has still paid the owed royalties to Breeders Trust, plus an amount in compensation for the legal costs incurred by Breeders Trust caused by this 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.”
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