Breeders Trust steps up monitoring of illegal seed potato trade online

The Brussels-based Breeders Trust has recently scoured the online world to determine what is offered for sale there in the field of seeds and seedlings. Online groups are active in various countries on Facebook, for example, members offer materials to their group members, including: machines, crates, ware potatoes and seed potatoes.

Often closed groups that you don't easily get an idea of. With some regularity, potatoes for consumption are offered in these groups to use as seed potatoes. Another example is the online sale of small packs (1 to 2.5 kg) of seed potatoes whose bags are not certified according to the regulations in force.

Corné van Beers, director of Breeders Trust:

"I also receive signals about the sale of batches of potatoes to potato growers to use as seed potatoes without the permission of the plant breeders' rights holder."

These are all signals that underline the importance of monitoring the online world for the enforcement of plant breeders' rights.
 

Online platform

Breeders Trust is currently involved in a case in which ware potatoes were offered for sale via an online platform to be used as seed potatoes. Under the mediation of the court, a settlement was reached with the potato grower involved. It was difficult for the potato grower concerned to accept that offering the potatoes for sale is already an infringement of plant breeders' rights. Not a kilo of the batch in question was sold and yet his actions are punishable.

In this case, Breeders Trust represents the interests of the shareholder concerned whose variety protected by plant breeders' rights was offered without permission. This advertisement was not an incident, several advertisements have been removed from online platforms after some pressure from Breeders Trust. Some of the growers who are active on the platforms are insufficiently familiar with what is and is not allowed.
 

Web shop

Another online world where not everyone has sufficient knowledge of the applicable laws and regulations are the web shops. A gardener can decide to sell seed potatoes to his customers as a service and creates a website for this purpose. It is forgotten that small packages of seed potatoes must also be officially certified, with, for example, a label of Dutch control authority NAK.

Breeders Trust purchased 2 bags of seed potatoes via a Dutch website at the suggestion of one of its shareholders, each 2.5 kg. a bag of Melody and a bag of Jelly. Both small packages were not certified in accordance with the applicable regulations. Instead, a slip of paper was attached with the variety name, size grading and website address. The entrepreneur involved has been summoned to cease the sale, which has now happened.

Both cases indicate how thin the dividing line is, a seemingly innocent act can be an infringement of plant breeders' rights. In the potato sector, the phytosanitary risks in particular must be avoided. In the event of a calamity, tracing becomes difficult if no proper records are available.

The online world will also be closely monitored in the coming period. The entire potato sector is struggling. It is very difficult to find a buyer for batches of non-contracted ware potatoes, and if there is one, often at a low price that does not cover the cultivation costs. At that same time, seed potatoes are purchased for the coming season. The temptation can be great to use illegal seed potatoes. Growers do not sufficiently realize that they are taking a big risk by planting illegal seed potatoes.

Last week, Breeders Trust was informed by a processor who had refused a batch of potatoes. The potatoes were refused because the grower could not prove that he had legally used seed potatoes. From farmers the potatoes were not transported to the factory in case they could not submit an invoice of the seed potatoes or an invoice for payment of royalties for the used Farm Saved Seed (FSS) potatoes of a protected variety.

Mark Zuidhof, chairman of Breeders Trust:

"What we see here shows how quickly initiatives can result in violations of plant breeders' rights. This is not only a legal problem, but affects the entire chain from variety owner to potato grower and the industry. Innovation in the field of breeding in the potato sector is only possible if plant breeders' rights are respected and protected.

That is why we continue to focus on both enforcement and information. We want to help growers and other stakeholders to understand and apply the rules properly. At the same time, we must be clear: the use and trade of illegal seed potatoes undermines the sector and entails risks that no one can afford. Especially in a period when the sector is under economic pressure, it is important to stick to fair and transparent business practices."