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Board for Plant Varieties
Sotaweg 22, 2371 GD Roelofarendsveen, The Netherlands
P.O. Box 14, 2370 AA Roelofarendsveen, The Netherlands
Bankaccount: IBAN: NL82RABO0300017057
About the Board
The main duties and powers of the Board for Plant Varieties under the law:
• Granting National Plant breeders' Rights
• Registering of varieties and forest stands in the National Plant Variety Register (agricultural, forestry and vegetable species)
• Designation of maintainers (agricultural- and vegetable species)
• Establishment of denominations
The Board for Plant Varieties is an Autonomous Public Authority (APA). The Board is the only authority in the Netherlands responsible for Plant Breeders' Rights and registering of plant varieties and forest stands in the National Plant Variety Register. The board is supported by the Plant Variety Office, which is part of Naktuinbouw.
Granting for National Plant Breeders' Rights
One of the main tasks of the Board for Plant Varieties is granting of National Plant Breeders' Rights. This special form of protection of intellectual property (IP) for breeders of new plant varieties exists in the Netherlands since 1942. In 1961, the Plant Breeders’ Rights were regulated in an international convention (the UPOV Convention). Based on this UPOV-Convention, the member states are required to arrange their National Plant Breeders’ rights systems conform the regulations in this convention. The Netherlands has ratified this convention and, consequently, our country is bound to this convention. As implementation of this convention, the criteria for granting Breeders’ Rights are regulated in and by the Seeds and Planting Material Act 2005. Among others, in trials in the field or in the greenhouse it has to be concluded if a plant variety is Distinct (D), Uniform (U) and Stable (S). The duration of these trials will be 1-3 years, depending on the kind of crop. In special cases, the duration of the trials may be longer.
Listing of varieties and forestry
Under the regulations of the European Union of agricultural and vegetable material only from approved varieties may be marketed. Called preservers of the approved varieties should also be recorded. A maintainer is a person or company who/that this variety maintains its original capacity.
Also applies to the marketing of propagating material of forest trees for forestry reproductive material must be accepted or stands.
The acceptance of varieties and stands is left to the Member States. In the Netherlands this is done under the "Seeds and Planting Materials Act 2005' by the Board for plant varieties.
Designation of maintainers
One is maintainer of a variety or implied by appointment by the Board for Plant Varieties. Without explicit indication of the rights-holder or the person in whose name the variety was accepted , the maintainer of the variety concerned. Furthermore, in their place, or in addition, others are on the express instructions of the Board maintainer. Only the maintainer (s) may/may basic seed (specie) or standard seed (vegetable) produce for trading and marketing.
In potato, there are often several stamselecteurs of the same race . In that case there are several preservers.
Declaration of denominations
The Plant Variety Office examines whether the proposed name conforms to the international rules for the designation of new varieties. If the name is acceptable, then the Council shall publish the proposal in its electronic newsletter, the Gazette. Third parties may submit objections to the proposed name until three months after its publication.