Using third country synonym(s)

You can use a third country synonym for your variety in a country outside the EU.

About a third country synonym

A third country synonym is a Naktuinbouw registered synonym name for a variety used for delivery outside the EU. This variety has either been submitted as an application for listing in an EU member state or has been listed within the EU. Third country synonyms are checked under the usual conditions as they apply for an application for listing in the EU. A check is required to prevent sprawling.

The basis for filing third country synonyms can be found in the Keuringsreglement NL, article 14. It follows from this article that all propagation material intended for export must comply equally with all EU requirements. Companies may deviate from this, provided that the material complies with the requirements of the third country and that it has been reported to Naktuinbouw.

Naktuinbouw implements the reporting obligation with the overview of third country synonyms. In addition, inclusion in the overview ensures that the name of the variety is known to Naktuinbouw, preventing another company from trying to get this variety or another variety under that name on the EU common catalogue. In those cases we can alert companies to this.

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Conditions for accepting a third country synonym:

  1. Companies fill in the third country synonym application form to apply for third country synonyms specifying the intended third country or marketing area.
  2. The company doesn't have to be a maintainer of the variety, provided that the company has obtained the (basic) seed of the relevant variety in a regulatory manner.
  3. The variety has either been submitted as an application for listing in an EU member state or has been listed within the EU.
  4. Use of a third country synonym is not possible if it is an application for the Internal list of Naktuinbouw or already registered on that list.
  5. Varieties for which a Plant Breeders' Right application is pending or has been granted in a UPOV country are excluded for a third country synonym in all UPOV countries; unless the UPOV variety name may not be used in the UPOV country to which it is marketed.
  6. Per third country only one third country synonym will be accepted per company.
  7. A third country synonym complies with the EU regulations for variety denominations as they apply for an application to listing in the EU. If a variety denomination is not acceptable, this variety denomination may still be accepted under conditions to be determined by Naktuinbouw.
  8. Naktuinbouw will inform the maintainer about applications for third country synonyms if such applications do not originate from the maintainer. If the maintainer sees any objection based on the above conditions, they can inform Naktuinbouw.

Frequently asked questions (FAQ)

Where can I find the fee per third country synonym?

Variety Testing processes the requests for third country synonyms. You can find the fee per third country synonym here.

How to apply for a third country synonym?

Applying for a third country synonym can be done by sending a third country synonym application form via e-mail. Naktuinbouw will make sure that applications will be registered strictly confidential. A third country synonym will be checked and processed administratively. If you wish, we will issue a declaration.