Do you have a question when applying for Plant Breeders’ Rights or registration? Please contact us at email@example.com or
+31 (0)71 332 6121
You can also go to the contactpage (click here)
Board for Plant Varieties
Sotaweg 22, 2371 GD Roelofarendsveen, The Netherlands
P.O. Box 14, 2370 AA Roelofarendsveen, The Netherlands
Bankaccount: IBAN: NL82RABO0300017057
Who is entitled to apply?
Legal entities or natural persons from EU member states can apply for National Plant Breeders' Rights or for listing in the National list.
Applicants for National Plant Breeders' Rights from a non-EU member state require a representative in the Netherlands.
Applicants for listing in the National list from a non-EU member state require a representative in the EU.
Can I get a breeder's right on this variety ?
Before a variety is granted for Plant Breeders' Rights, a technical DUS-test is required and also administrative testing is carried out. The granting of plant breeders' right is only possible for 'new' varieties. It is important whether the variety is new in commercial terms: the variety may not be sold or otherwise disposed or to others considering the exploitation of the variety. It is important that neither propagating material nor harvested material may be sold. This may include brewing cut flowers, bulbs, seedlings or seeds.
However, the following exception can be applied.
The sale of the variety is permitted when:
- the variety has been sold in the Netherlands within a period of one year before the date of application;
- the variety has been sold outside the Netherlands within a period of four years before the date of application or in case of trees and vine within a period of six years before the date of application.
In the technical DUS test, Naktuinbouw establishes if the new variety is clearly distinguishable from all other existing varieties within the specie concerned (Distinct), whether the variety remains uniform during propagation (Uniform) and whether the characteristics of the variety remain stable during repeated propagation (Stable). In field tests and greenhouse tests, Naktuinbouw investigates individual plants of the variety and of the comparison varieties.
Resistance properties are valid as a characteristic of distinctness. Naktuinbouw can perform resistance tests.
Where will the DUS test be performed?
Naktuinbouw will carry out the DUS-test of the application unless it concerns a species of which, according to bilateral contracts, the DUS-test will be performed by another UPOV-memberstate. Or in case it concerns a request for take over of a DUS-report created by another UPOV-member state.
Take over DUS-report
The Board for plant varieties can take over DUS reports from foreign authorized authorities. This is applicable if the variety is in application or is listed / granted for PBR at this foreign authority
Is it possible to withdraw an application?
You can decide at any time to withdraw the application for listing and/or PBR. Please send your request to withdraw the application to firstname.lastname@example.org . It depends on the stage of your application if you receive a credit invoice.
Is it possible to postpone the DUS-test?
Only applicable for agricultural maize varieties as the DUS-testing of this species takes only one year. If a variety does not perform well for VCU in the first testing year, the application can be cancelled and the DUS examination fee will be reimbursed.
What is the priority date of my application?
If we have received the complete application forms and the application fee has been payed, the application date (= priority date) will be determined. The Board for plant varieties can formally deal with the application and will send the applicant a letter of acceptance with the date of priority.