Applicable fees for Plant Breeders' Rights

Certain fees are involved in applying for Dutch or European Plant Breeders' Rights for varieties of ornamental species or arboricultural species. European Plant Breeders' Rights are often requested for ornamental species. For the fees of EU rights, please consult the CPVO website.

• Application fees

  The fees for an application for Dutch Plant Breeders' Rights can be found on the list of fees. This fee covers the administrative fees. This sum must be paid to account number IBAN NL82 RABO 0300017057, Board for Plant Varieties, stating the specie and the provisional denomination of the variety.

  Applications can only be accepted once payment has been received. A deposit for the application fees can be made, so that the application process can start immediately. For applications with a deposit, please contact Bas Rozemeijer of the Finances department at Naktuinbouw.

• Test fees

  The feees charged for DUS-tests vary for each specie group. These fees are listed in the list of fees. The amounts stated apply per growing cycle. Formally, the test fee for the first growing cycle has to be paid before the application can be accepted. However, in practice, Naktuinbouw pays this test fee in advance, for a period of maximum 30 days after the date of the invoice for the test fee.

  The test fees may change subject to:

  Tests outside the Netherlands
  Take over of a report
  Withdrawal by the applicant
  Automatic withdrawal
  Several years of tests

  Test outside the Netherlands
  Technical DUS-tests for certain species sometimes take place outside the Netherlands. Tests on chrysanthemums performed in England are an example of this form of bilateral cooperation. The fees charged for the test are those applicable in the country concerned.

  Take over of report
  If an application for Plant Breeders' Rights has already been filed in a country outside the Netherlands, the Board for Plant Varieties will base its decisions (subject to certain conditions) on the DUS-test for the earlier application. The Board will adopt the findings of the foreign report. The test must have taken place in a UPOV country where sufficient testing expertise is available. You can find the fee for taking over a report in the list of fees.

  Withdrawal by applicant
  If the applicant withdraws the application for Dutch Plant Breeders' Rights before the start of the technical DUS-test, Naktuinbouw will credit the fee for the test (but not the application fees). If the application is withdrawn before the start of the second (or following) year, Naktuinbouw will credit the fees for the second (or following) year (provided these have already been paid).

  Automatic withdrawal
  If the application has to be withdrawn, because the sample was not received in time, the sample was too small or it was visibly diseased, then Naktuinbouw will credit the test fees. A new application can be submitted for the same variety once without having to pay application fees.

• Registration in Dutch Register of Varieties

  Registration of the Plant Breeders' Rights in the Dutch Register of Varieties is free of charge. The Board does not charge an annual fee for the maintenance of Plant Breeders' Rights into the national variety register.