Seed Potato Variety Dispute Erupts in South Korea as Farmers Face Legal Action Over Unauthorized Propagation

A legal controversy is unfolding in Gimje, South Korea, where local potato farmers have been served cease-and-desist notices by Green Seed, a specialized seed company, for allegedly infringing on the plant variety protection rights of its proprietary ‘Arang’ potato variety. One farmer, Mr. Baek, who has cultivated Arang for 3–4 years, admitted to re-planting a portion of his harvested potatoes to compensate for insufficient seed supply—a common practice among farmers. However, the company officially registered its variety protection rights in January, making such self-propagation illegal under the Plant New Variety Protection Act. Unaware of the registration and the legal implications, Mr. Baek now faces potential civil and criminal penalties, including up to 7 years in prison or fines of up to 100 million KRW.

The incident has highlighted a growing disconnect between traditional farming practices and modern intellectual property laws. While Green Seed has agreed to drop legal action against the affected farmers in exchange for written pledges not to repeat the offense, experts warn that similar disputes are likely to rise. In Gimje, over 48% of greenhouse potato cultivation now uses privately bred varieties like Arang, compared to less than 5% for the once-dominant state-bred ‘Sumi’ strain. Officials from the local agricultural technology center are actively issuing guidelines to prevent unintentional violations, emphasizing that farmers must purchase certified seeds each season and refrain from any form of unauthorized multiplication, even for personal use.