Breeders Trust reaches settlement with Danish potato grower
Brussels, 20 April 2026.
The cultivation and trade in seed potatoes is strictly regulated and is closely controlled. The reasons behind this are the protection of intellectual property, through Plant Breeders’ Rights and the prevention of phytosanitary risks through the various legal provisions. The variety owner has the right to decide who can propagate his variety and who can trade in it. The cultivation of the seed potatoes is strictly controlled so that problems with diseases and pests are detected at an early stage, after which further spread can be prevented. Every year, it is found that not everyone has sufficient knowledge of these regulations. Potatoes are regularly offered for sale via various online applications, such as Facebook, to be used as seed potatoes. In several cases, it concerns ware potatoes that are sold illegally as seed potatoes. The use of illegal seed potatoes leads to potatoes that various processors refuse to accept. It is good to note that managers and users of online platforms are increasingly taking their responsibility and warning about the legal and phytosanitary risks.
The Brussels-based Breeders Trust has reached a settlement with a Danish consumer potato grower. In a Danish Facebook group: Stivelses kartofler, the grower had offered for sale: “200 tdr Solist lægekartofler”, loosely translated “20,000 kg. Solist seed potatoes”. Breeders Trust was alerted to this advertisement by shareholder Danespo. After the potato grower was addressed about his illegal activity with this breeder’s right-protected variety, the advertisement was quickly taken offline by the grower with the idea that this solved the issue, which was not the case. The grower had difficulty acknowledging that only placing the ad on Facebook was an infringement of plant breeders rights, after all, he had not sold a kilo. The challenging settlement discussions have taken place with the assistance of the Danish law firm Bech-Bruun being high specialized in inter alia IP litigation, including regarding plant variety rights. “Going to court is certainly not a goal in itself, but if a mutually acceptable settlement cannot be reached, it is a logical follow-up,” says general director Corné van Beers.
After the final deadline had passed, the Danish potato grower changed his position and response, allowing the lawsuit to be called off. The Maritime and Commercial High Court in Copenhagen subsequently determined the damages the grower had to pay for the legal costs incurred.
During this process, the following text was posted in the Danish Facebook group Stivelses kartofler:
“Over the years, we have seen an increase in activity on this page regarding seed potatoes. It is plausible that this activity is due to a lack of knowledge of the rules for seed potatoes and the serious consequences that non-compliance with them can have. Hence this short summary: Potato cultivation may only take place on the basis of purchased, certified seed potatoes or on potatoes that you have grown yourself on the basis of purchased, certified seed potatoes.
In general, from a plant health point of view, it is problematic to move uncontrolled potatoes between different potato farms, as there is a risk of spreading potato diseases such as potato scab, potato cyst nematodes, Chitwoodi, etc. In Denmark, we have a high prevalence of these diseases, which is mainly due to our rules for moving potatoes.”
Breeders Trust expresses its appreciation for placing this text in the group.
