That is possible, but only under several strict conditions.
In case of an alleged infringement, you may consider contacting the person or company suspected of infringement directly. Therefore, you need to know who the suspected infringer is. At least 90% of alleged infringements are resolved or settled by mutual agreement. At this stage, both parties can ask Naktuinbouw, preferably jointly, for an investigation.
This procedure is not a basis for defence in a subsequent lawsuit. The most potent remedy is to go to court through a specialised law firm in case of alleged infringement. Then, the court may order a formal seizure of material from both parties and/or removal of material from circulation. Naktuinbouw may be requested to perform comparative planting and/or DNA testing on behalf of the court. The court makes the decision in a judgement.
You can apply for authorisation by just ticking the box on the Plant Breeders' Rights and/or listing application form. If you wish to apply for authorisation at a later stage, you can send this form to us by e-mail.
Please refer to this link for the full text of the Decision (2004/842/EC).
These can be found on this page: Authorisation: marketing material not yet listed vegetable varieties, paragraph "About the regulation".
The sampling requirements as described in the NAL conditions version 12 will become into force from 1 October 2024. Tests performed after this date that are used for NAL quality certificates must meet these requirements. Small and commercial seed lots sampled and tested before 1 October 2024 are exempt from this requirement and seed health test results can be used for NAL quality certificates when tested according to in-house sample sizes.
You can find this in the Price list Testing & Analyses on our website under the desired test.
For export, an inspector often arranges the sampling. You can send an email to planning@naktuinbouw.nl. They can tell you exactly what you need to do.
To register as a Naktuinbouw customer to use our Variety Testing services, please complete this form.
For a large portion of the training sessions, it is possible to offer them in-company. During a conversation, we would like to discuss your preferences and possibilities and provide you with a quotation. Could you please send us a message by e-mail?
If you are interested in implementing a customized training session in your company, such as a combination of existing training programs, this is possible. Please send us a message by e-mail.