Plant Breeders' Rights and/or listing DUS-VCU

Protecting new plant varieties gives the owner an exclusive right to market their variety. This means that no one else may (re)produce and/or sell the variety without the owner's consent. Thereby, the variety must be distinctive from all existing varieties, but also uniform and stable. Furthermore, the variety has an approved variety denomination and meets novelty requirements. Novelty means that the owner has not marketed the variety after the permitted terms.

In crossing programmes, others can always use the material of protected varieties by Plant Breeders' Rights. They use the material to develop new varieties. This is called breeding exemption.

The National list and European common catalogue (varietal marketing lists) consists of plant varieties of agricultural, vegetable and fruit crops and forestry stands of forest tree crops. These plant varieties and forestry stands are listed for marketing in the EU (European Union).

You can find more information on the website of the Board for Plant Varieties.

For the National list, click on the link below: 
www.raadvoorplantenrassen.nl/en/plant-breeders-rights-and-listing/national-variety-register

Or for the European common catalogue, click on the link below: 
www.raadvoorplantenrassen.nl/en/plant-breeders-rights-and-listing/european-catalogue

Based on 3 years of testing on Value for Cultivation and Use (VCU), a crop of an agricultural variety is eligible for inclusion in the Recommended List of Varieties for agricultural crops. This decision is made by the Recommended List Committee (CSAR).

Every year, the committee publishes a digital version of the Recommended List of Varieties on their website. These varieties are recommended for cultivation under different conditions in The Netherlands. The list provides information on the newest and best varieties, such as their main varietal characteristics and their value use.

More information about testing on VCU and the Recommended List of Varieties can be found on the website of the Board for Plant Varieties.

Click on the link below: 
www.raadvoorplantenrassen.nl/en/plant-breeders-rights-and-listing/vcu-testing

Mutants are plant varieties that have developed from a different variety through mutation. Such varieties can be protected by Plant Breeders’ Rights under the same conditions. They may also be covered by the definition of an ‘Essentially Derived Variety’ (EDV). In that case the finder of the mutant must make agreements concerning its use with the holder of the Plant Breeders’ Rights of the original variety.

In all cases, where the Plant Breeders’ Rights researcher determines the distinctness by using the regulations of the Dutch Board for Plant Varieties (Rvp) or the Community Plant Variety Office (CPVO). Those regulations are derived from the UPOV guidelines. UPOV stands for the International Union for the Protection of New Varieties of Plants. They established the Plant Breeders’ Rights Convention. UPOV has more than 70 member countries.

After receiving the application forms and payment of the registration and testing fees, the seed or plant material (‘identity material’) is requested from the applicant. At one of the institutes (e.g., Naktuinbouw), the identity material is sown or planted.

In one to two growing seasons, the 'identity material' of the application is tested to see if it meets the requirements of distinctness, uniformity and stability. Also, the proposed variety name is checked. Finally, the conditions of novelty are checked to see if it meets.

If the DUS test lasts several years, an interim report will be sent each year. Once the DUS test is completed, the result is recorded in a final report. If the candidate variety meets the conditions, the positive final report including a variety description will be sent. These documents are the basis for granting Plant Breeders' Rights. If the candidate variety does not meet the conditions, a negative final report will be provided.

Varieties granted with Dutch Plant Breeders' Rights are included in the Dutch Variety Register (NRR) of the Board for Plant Varieties (Rvp). Varieties granted with European Plant Breeders' Rights are added to the Variety Register of the CPVO.

Analysing and recording DNA material or DNA patterns is not part of the DUS test, except for potato. However, plant material can be frozen for later DNA determination under certain conditions. In case of alleged infringements, analysing and comparing DNA can, however, provide (supporting) evidence. This option is increasingly used.

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.

Variety descriptions of the applications for Plant Breeders’ Rights and listing in the Netherlands belong to the Board for Plant Varieties.

The variety descriptions can be found on their website by clicking on 'Dutch Variety Register'. Older variety descriptions can be supplied by Naktuinbouw or the CPVO upon request.

Yes, the dispatch of this material must be free of cost for the recipient. This includes free of freight, postage and customs charges.

You can find the submission conditions for identity material here.

Would you like to perform a breeder’s co-trial, please indicate this on the application form. You can choose to assess the trial by yourself or have it assessed by the Naktuinbouw inspector. If the breeder’s co-trial is performed abroad, you must always assess the trial by yourself. You assess the distinctness and uniformity and provide supporting evidence in the form of photographs.

Various fees apply to a breeder's co-trial. The fees can be found here.

The fee of an American Plant Breeders' Rights - technical testing can be found here.

If you would like to have two DUS tests in one year, we will charge the (Dutch) testing fees per test at the start of the test. You can find the testing fees on the website of the Board for Plant Varieties.

You can apply for two tests in one year by indicating this on the application form. The application form can be found here.

If ÚKZÚZ or ÚKSÚP performs the second test, you must take into account the submission dates in the Czech Republic (CZ) or Slovak Republic (SK) respectively. Naktuinbouw must be able to send the material to them before these submission dates. You can find the submission dates for the Czech Republic (CZ) and Slovak Republic (SK) on the website of the CPVO.

A request for American Plant Breeders' Rights - technical testing should be submitted by e-mail.

After receiving the request, the request is usually first discussed with the crop responsible and then feedback is provided.

Floricode provides registration and coding of your floricultural product, among other services.

Click on the link below for more information: 
www.floricode.com