Do you have a question when applying for Plant Breeders’ Rights or registration? Please contact us at firstname.lastname@example.org or
+31 (0)71 332 6137
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
Who can apply for plant breeders in the Netherlands?
Variety may be requested by the breeder of the variety , or his authorized representative. Before that proxy forms are available . The applicant must live in a UPOV member state . If a country outside the EU , then you need a representative with a place of residence within the EU.
Can I get a breeder's right on this variety ?
This is possible if the variety
is . It should be apparent in technical research. As far as the novelty : the variety may be only a short period of time for application sold. That short period is one year in the Netherlands or outside the Netherlands 4 years and 6 years outside the Netherlands for trees and vines. The text in the Seeds and Planting Materials Act (2005 ) is this :
Art 49 paragraph 2 :
A variety shall be deemed new if, at the time of submission of the application for grant of a breeder's right, propagating or harvested material of the variety is sold or otherwise made disposed of to others, by or with the consent of the Decision
breeder, for purposes of exploitation of the variety, for a period:
a. in the Netherlands: no earlier than one year prior to the, time referred to in the preamble;
b. outside the Netherlands: either earlier than four years or,case of trees or of vines, earlier than six years, prior to the date referred to in the preamble.
Art. 49 paragraph 3 :
For the purposes of the second paragraph, the fact that material a race already provided to others for testing , not the breeder of the variety or his successor invoked.
Where is the DUS testing performed?
Normally the technical DUS testing will be procesed by Naktuinbouw. For some crops, however, bilateral agreements with research centers in other countries. An overview of the bilateral agreements can be found here.
In the case of European plant determined the CPVO which the DUS examination. If you attach to research by Naktuinbouw, you can request first Dutch breeder and take over by the Office the report.
Take over DUS-report
If a variety before a breeder or authorization request is submitted abroad, the Board for Plant Varieties bases (under certain conditions) its decision on the DUS- testing for the previous application. The Board for plantvariety takes the foreign report. The test should at least have taken place in a country where UPOV Investigation sufficient expertise. The cost of acquisition of a report can be found in the price list.
Can a DUS-test interim interrupted
You can decide at any time to stop the DUS testing. You then log on email@example.com that you withdraw the application. As the trial has not yet started yet, the research costs will be credited.
Note: If you decide to stop the CGO, after one year, you must also withdraw its separate application for admission. Other research DUS automatically runs it through and get the applicant to an account.
When does it make sense to ask postponement of DUS-testing?
The DUS-examination of corn is carried out in France and takes only 1 year. This examination may be deferred until the results of the first year VCU are known.
At the application form can be ticked or postponement is required.
The application should have two Technical Questionaires for DUS and VCU and must be surrendered both the application rate and the rate DUS-testing are met. When the application is withdrawn, the DUS- testing rate refundable.
What is the priority date of my application?
The priority of an application is determined by the date of receipt of the application, pay the application fee, examination fee for the first growing cycle or (in the case of acquisition of a DUS-report) the acquisition rate. At the time when the complete request is received, it is accepted. The priority date is thus established.
The Board for plantvarieties will send a confirmation to the applicant with necessary instructions on submission (i.a. closing date) of the sample identity.
When should the sample be handed identity?