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Board for Plant Varieties
Sotaweg 22, 2371 GD Roelofarendsveen, The Netherlands
P.O. Box 14, 2370 AA Roelofarendsveen, The Netherlands
Application for Plant Breeders' Rights
Where to apply
Applications for National Plant Breeders' Rights can be filed at the Board for Plant Varieties. The Bureau for Plant Varieties, which is part of the Naktuinbouw Variety Testing department is in charge of the administrative tasks for these applications.
Applications for Community Plant Breeders' Rights can be filed at the Community Plant Variety Office (CPVO) in Angers (France).
For ornamental species National Listing is not applicable.
Who is entitled to apply?
Legal entities or naturel persons from EU member states can apply for National Plant Breeders' Rights.
Applicants for National Plant Breeders' Rights from a non-EU member state require a representative in the Netherlands.
How to apply
There is a general application form with explanatory text and a separate technical questionnaire for each specific specie. These forms can be downloaded from the website of the Board for Plant Varieties (in Dutch and English).
Is the application for a genetically modified (GMO) variety? An official declaration should be enclosed with the application form stating that the variety forms no risk for the environment or that the variety has permission for limited application.
For ornamentals it's obligatory to include a photograph of the variety.
Closing dates and submission requirements
It is very inportant that you submit the needed forms and the requested plant material before the described deadlines. In the Table ‘Submission requirements and closing dates of plant varieties’, you will find the most important data.
- ATTENTION! Your application forms and the payment of the application fees have to be received by the Board before or on the closing date.
- If you submit the forms and/or payment áfter the closing date, the examination of your application will not be included in the next trial, but in the second next. This will result in a delay for you which can be up to one year.
- When your application and payment are received by the Board, you will receive from the Board a request to submit plant material, the so-called identity sample. In this request, the precise address and quantity and quality of this plant material are mentioned. These are the Sample Submission Requests. These are differentdepending on each crop. By the way, this information is mentioned in the Table as well.
The Table has a filter per sector. You can remove this filter in order to see the requests for other sectors.
Publication of the application
The Board for Plant Varieties will publish the application for National Plant Breeders' Rights in the Gazette, the electronic bulletin of the board.
The application procedure
The Bureau for Plant Varieties will start the application process as soon as the signed and fully completed general application form, the technical questionnaire and additional documents have been received and the application fees have been paid. The application will be accepted on receipt of the forms and payment. Subsequently, a confirmation with an acceptance numer will be sent to the applicant. The date of acceptance of the application is the date of priority only applications which are accepted before the deadline can be tested in the next DUS-growing trail.
The applicant will receive instructions for the reguirements for the identity sample to be submitted, as there is after a short period between the acceptance of the application and the start of the DUS trail, we recommend to regularly check the website of Naktuinbouw for details of the submision of the DUS samples.