Prolongation of registration starts in 2022
Prolongation of registration is a legal task that the Board for Plant Varieties will actively perform from 2022 onwards. According to the law, the registration of vegetable varieties and agricultural varieties expires after 10 years. From 2022 onwards, the Board provides the possibility for prolongation of registration of these varieties. The aim is to prolong the trading position of these varieties with another period of 10 years.
Prolongation of registration: only if the variety is maintained
A variety is only eligible for prolongation of registration if it is ‘maintained’. This means that the variety still meets the conditions for distinctness, uniformity and stability (DUS), as laid down in the original DUS examination. Each year the maintainer receives a letter with an overview of the varieties that are eligible for prolongation of registration.
Procedure prolongation of registration
Naktuinbouw and the Board for Plant Varieties developed a module that allows you to digitally request the prolongation of registration of your varieties by yourself. You can consult this module via myNaktuinbouw. You can also request a login here if you don't have one yet.
Start of prolongation of registration with varieties registered in the NRR in 2013
The varieties registered in 2012 and 2013 – regardless of the exact date of registration in 2012 and 2013 – are the first to be eligible for prolongation of registration in 2023. Subsequently, the prolongation will enter into force from 1 January 2024. With regard to a timely processing, this means that you apply for prolongation of registration on 31 December 2021 at the latest.
Varieties with more than one maintainer
Some varieties have more than one maintainer (the so-called X-varieties).
When prolongating the registration of these ‘X-varieties’, one of the maintainers has to register the variety for prolongation of registration and pay the associated costs. You can consult your colleagues to decide which maintainer will apply for prolongation of registration of the varieties. In this way, you can divide the costs.
If we do not receive an application for prolongation of registration
Without an application for prolongation of registration before the determined deadline, the variety will enter the ‘varieties to be deleted’ procedure. Also, a publication will follow in the Gazette asking whether someone else would like to take over the maintenance of the variety. The reaction period is 2 months. If no new maintainer has reacted after this call, the variety will be deleted from the NRR.
Costs for prolongation of registration
The costs for prolongation of registration for a commercial variety are € 215,- and for an amateur variety this is € 100,- (price level 2020). If prolongation of registration is desired, this amount per variety must therefore be paid once every ten years.
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 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
Bankaccount: IBAN: NL82RABO0300017057