FAQ Plant breeders' rights and listing
This page contains answers to frequently-asked questions about plant breeders' rights and listing. If you can't find your question, please mail it to us.
Clicking a link will scroll the page to the relevant section.
1. National listing agricultural crops
2. National listing vegetable crops
3. Plant Breeders’ rights agricultural crops
4. Plant Breeders’ rights ornamental crops
5. Plant Breeders’ rights vegetable crops
6. Plant Breeders’ rights arboricultural crops
7. Plant Breeders’ rights flower bulbs
8. Inspection vegetable crops
9. Inspection ornamental corps
10. Other trials
11. Submitting material
12. Descriptions
13. Perennial garden
14. Register of Varieties
15. International
16. Gazette
17. Tariffs
1. National listing agricultural crops
What does examination for listing of an agricultural variety cost?
The application costs for listing are split into two parts: application fee and test fees. The application fee is 400 euro. The test fees differ according to the group of crops. These fees will be charged separately for each year that testing is necessary (usually two years). For the fees charged by Naktuinbouw, please consult the list of fees. For more details about costs and fees, including all the exceptions, please see Agricultural crops: costs Plant Breeders' Rights. Admission to the market and national Plant Breeders' Rights can both be obtained for a single fee.
How do I apply for listing for agricultural crops?
To apply for listing, please submit an application form and the technical questionnaire for the crop in question. Your application will only be accepted once the application fees have been paid. Payment can also be made in advance. Once your application has been accepted, the identity sample must be submitted before the closing date.
2. National listing vegetable crops
How do I apply for listing for vegetables?
To apply for listing, please submit an application form and the technical questionnaire for the crop in question. Your application will only be accepted once the application fee has been paid. Payment can also be made in advance. Once your application has been accepted, the identity sample must be submitted before the closing date.
What does examination for listing of a vegetable variety cost?
The application costs for national listing are split into two parts: application fee and test fees. The application fee is 400 euro. The test fees differ according to the group of crops. These fees will be charged separately for each growing cycle that testing is necessary (usually two). For listing a breeders' co-trial can replace a growing cycle at Naktuinbouw. For the fees charged by Naktuinbouw, please consult the list of fees. For more details about costs and fees, including all the exceptions, please see Vegetable crops: costs Plant Breeders' Rights. Admission to the market and national Plant Breeders' Rights can both be obtained for a single fee, when the total examination is at Naktuinbouw.
3. Plant Breeders’ rights agricultural crops
Can I apply for Plant Breeders' Rights for this variety?
Yes, if the variety is
Novel,
Distinct,
Uniform and
Stable
This must be verified by a technical examination. Regarding the 'novelty' of a variety: the variety may only have been marketed for a short period before the application is filed.
Where can I find the agricultural varieties which are registered within the Netherlands?
In the national catalogue for agricultural crops.
This overview reflects the situation of the 1st of July 2011.
Which regulations apply to variety denominations?
The complete text of the EU-regulation can be found here, search for variety denominations.
4. Plant Breeders’ rights ornamental crops
Can I apply for Plant Breeders' Rights for this variety?
Yes, if the variety is
Novel,
Distinct,
Uniform and
Stable.
This must be verified by a technical examination. Regarding the 'novelty' of a variety: the variety may only have been marketed for a short period before the application is filed.
Which regulations apply to variety denominations?
The complete text of the EU-regulation can be found here, search for variety denominations.
5. Plant Breeders’ rights vegetable crops
How do I find out who is the person responsible for the maintenance of a certain variety?
The Common catalogue (choose: your language -> simple search -> search terms -> search for "Common Catalogue") of varieties contains a list of the names of persons responsible for the maintenance of varieties and the authority holding the list. The Plant variety database of the EU is a searchable edition of the common catalogue. Please contact Variety Testing Department if you would like to know who is responsible for maintaining a so-called x-variety with several maintenance entities.
Which regulations apply to variety denominations?
The complete text of the EU-regulation can be found here, search for variety denominations.
Can I apply for Plant Breeders' Rights for this variety?
Yes, if the variety is
Novel,
Distinct,
Uniform and
Stable
This must be verified by a technical examination. Regarding the 'novelty' of a variety: the variety may only have been marketed for a short period before the application is filed.
6. Plant Breeders’ rights arboricultural crops
Do you have a question about this subject?
Please contact us. This will allow us to update the FAQ section of the website.
7. Plant Breeders’ rights flower bulbs
Do you have a question about this subject?
Please contact us. This will allow us to update the FAQ section of the website.
8. Inspection vegetable crops
I have had a variety propagated in another country. Can Naktuinbouw check if everything is satisfactory?
Naktuinbouw has 15 hectares of trial fields and 3 hectares of greenhouses. Naktuinbouw has in-depth knowledge of varieties. Naktuinbouw has reference samples. This combination makes us the ideal partner to answer your questions. Please submit your sample to Variety Testing Department in Roelofarendsveen. The fee charged for the test depends on the type of crop. Fees are listed in the list of fees. We recommend you submit double the number of plants in the test, so a more accurate picture of the varietal purity can be obtained.
This sample is supposed to be of variety 'X’, but I have my doubts. What can I do?
Naktuinbouw has 15 hectares of trial fields and 3 hectares of greenhouses. Naktuinbouw has in-depth knowledge of varieties. Naktuinbouw has reference samples. This combination makes us the ideal partner to answer your questions. We can also assess the varietal trueness of onions, carrots and beets during the winter in a greenhouse trial under light. Please submit your sample to Variety Testing Department in Roelofarendsveen (for potato's Naktuinbouw, p/a NAK proef- en Controlebedrijf, Johannes Postweg 1, 8709 PE Tollebeek). The fee charged for the test depends on the type of crop. Fees are listed in the list of fees.
If you wish to have greater certainty through testing at DNA-level, this is also possible. Variety Testing will then cooperate with the Research & Development Department of Naktuinbouw Laboratories to investigate the problem. If you risk becoming involved in legal proceedings, we advise you not to take a sample yourself - but to have the sample(s) taken officially by an inspector. Please contact us using the question form.
Companies organise annual pack trials themselves, what does Naktuinbouw do?
Naktuinbouw performs post control annually on produced and traded flower seed. This is an element of the quality supervision of companies that are registered in the crop group Flower Seed. An inventory is made each year of which samples will be requested for post control in the following year. The idea here is to create a historical overview of post control grow outs, complaints, reports and signals reported to Inspections Floricultural Crops about flower seeds which have been supplied.
The samples are requested from the companies and, depending on the crop, they are either sown in a greenhouse or outdoors in the soil. The germinating power/emergence of the seeds and the varietal trueness and varietal purity are assessed by members of the team at Variety Testing together with an inspector from the Inspections Floricultural Crops team. The companies whose samples have been sown are invited to come and assess the grow out on a visiting day.
Naktuinbouw informs the companies in writing about the results. Naktuinbouw also publishes the final results (anonymously) in Naktuinbouw News. Any remarks are discussed by the inspector with the company involved. Seed lots may be rejected for the market if they fail to meet the set demands and standards. The findings may also prompt Naktuinbouw to make a follow up inspection.
Companies perform inspections for varietal trueness and varietal purity, what does Naktuinbouw do?
Companies bear the primary responsibility for the quality and health of the seed lots they supply. This provision is established in the relevant legislation.
Naktuinbouw has a supervisory role in ensuring that the seed companies perform the inspections correctly. For this reason, Inspections at Naktuinbouw draws up an inspection plan each year. Part of this inspection plan is sampling seed lots in order to inspect how varieties are being maintained. In addition, inspectors take samples from seed lots that are ready to be marketed as a form of post-control of varietal trueness and varietal purity.
The samples for maintenance control are taken at two moments in the year; the early varieties in October and the late varieties from 1 January, depending on the sowing date at Naktuinbouw. These samples are taken from seed lots intended for sale in the same season.
The inspection plan is always submitted to the advisory committee for vegetable seeds for their advice. This committee contains representatives of both seed companies and end users. This plan is subsequently sent for approval to the sector board. The members of this board include representatives of the seed companies and end users.
All the samples used to check for varietal trueness and varietal purity are sent to the Variety Testing Department at Naktuinbouw. Variety Testing takes care of the further planting and the assessment of the greenhouse and field trials. The companies who submitted the samples are invited to attend visiting days. If there are any remarks concerning your sample during the test, you will be informed in writing. These remarks may refer to varietal trueness, varietal purity or other quality characteristics. If the remark concerns varietal purity, the number and type of abnormal plants will be mentioned. These remarks cannot be considered conclusive as the number of plants at Naktuinbouw is too small to allow a reliable conversion into a percentage. Depending on the type of sample, the inspector can subsequently discuss the problem with you, or further (administrative) testing can take place first.
9. Inspection ornamental corps
Do you have a question about this subject?
Please contact us. This will allow us to update the FAQ section of the website.
10. Other trials
I need the result quickly. Is that possible?
If the test involves the varietal trueness and varietal purity of onions, carrots or beetroot we offer tests run under light during the winter. The result will take about 3 months. For costs, see the list of fees. Please submit your sample to Variety Testing in Roelofarendsveen.
What about a quick DNA test? This is also possible. For more details read here.
Can my variety or sample be tested for resistance to diseases?
Yes! Naktuinbouw can perform a variety of resistance tests. This is necessary for the technical DUS examination, but companies can also have samples tested on request. For the fees charged by Naktuinbouw, please consult the list of fees. We can also test for diseases not included in the list. The fees are available on request. If you have any further questions about resistance tests, please contact the Resistance team. See also the subject resistance tests on this website.
Can you recognise a variety of potato by its lightsprout?
Yes. Lightsprouts are highly variety specific. These sprouts are raised in a specially equipped chamber. Naktuinbouw can check for you if the potato is true to variety (verification) or name a potato for which no variety name is known. For the costs of this test see the list of fees. Please submit samples to Naktuinbouw, location Tollebeek (Naktuinbouw, f.o.a. NAK proef- en Controlebedrijf, Johannes Postweg 1, 8709 PE Tollebeek, The Netherlands).
Does my Kentucky bluegrass stand a chance in the DUS test?
Naktuinbouw can give you an idea of this by performing pre-trials in the greenhouse. Six characteristics in the young plants can be observed. These characteristics will indicate a non-binding judgement concerning the possible distinctness and uniformity of the variety. Test sown in January, conclusion after three months. For costs see the list of fees.
Is this sample of grass varietal true?
We can compare your grass sample with the standard sample in a row test. Test sown in May/June, assessment the following year. For costs see the list of fees.
This sample is supposed to be of variety ' X ‘, but I have my doubts. What can I do?
Naktuinbouw has 15 hectares of trial fields and 3 hectares of greenhouses. Naktuinbouw has in-depth knowledge of varieties. Naktuinbouw has reference samples. This combination makes us the ideal partner to answer your questions. We can also assess the varietal trueness of onions, carrots and beets during the winter in a greenhouse trial under light. Please submit your sample to Variety Testing Department in Roelofarendsveen (for potato's Naktuinbouw, p/a NAK proef- en Controlebedrijf, Johannes Postweg 1, 8709 PE Tollebeek). The fee charged for the test depends on the type of crop. Fees are listed in the list of fees.
If you wish to have greater certainty through testing at DNA-level, this is also possible. Variety Testing will then cooperate with the Research & Development Department of Naktuinbouw Laboratories to investigate the problem. If you risk becoming involved in legal proceedings, we advise you not to take a sample yourself - but to have the sample(s) taken officially by an inspector. Please contact us using the question form.
11. Submitting material
Where can I send my sample for DUS testing to?
We kindly request you to always clearly state the purpose the sample is being submitted for.
Please send samples for DUS testing in relation to listing and/or Plant Breeders' Rights to the location where the actual test will take place. For addresses of the locations, see submission requirements.
Roelofarendsveen is the location for vegetable crops,
Lisse is the location for tulips and other spring flowering bulbs,
Roelofarendsveen is the location for other ornamental crops,
Tollebeek is the location for potatoes,
Emmeloord is the location for other agricultural field crops. For certain Brassica varieties (see also agricultural crop or vegetable?) tests take place in Roelofarendsveen.
Read the submission requirements carefully!
Where can I send my sample for VCU testing to?
Do not submit samples for VCU testing to Naktuinbouw, but to the organisation that will perform the VCU test. For more details read here.
Where can I send my sample for European Plant Breeders' Rights to?
It is better to wait until the CPVO informs you of the address. Only submit the sample to Naktuinbouw if you are certain that the test will take place in the Netherlands. See the question about submitting samples for DUS testing. We kindly request you to always clearly state the purpose the sample is being submitted for.
Where can I send my sample for varietal trueness and/or varietal purity testing to?
We kindly request you to always clearly state the purpose the sample is being submitted for.
Submit the sample to Naktuinbouw, Variety Testing in Roelofarendsveen. For potatoes, please send the sample directly to our location in Tollebeek.
Where can I send my sample for resistance testing to?
Submit samples for resistance testing to the Resistance tests team at the Variety Testing Department.
We kindly request you to always clearly state the purpose the sample is being submitted for.
12. Descriptions
Where can I obtain a technical variety description from?
For listed varieties or varieties granted PBR since 2009 you'll find descriptions on this website. New descriptions are added monthly. These descriptions may be used in your own ducumentation system. If you would like to receive a description of an older variety or a translation (see tariff list) in English, French or German, send an e-mail to Board for Plant Varieties.
A variety description of a tree?
Naktuinbouw draws up variety descriptions of arboricultural crops on request. This document is based on the information held by Naktuinbouw. If there is enough information available, the costs for the description are 98 euro. Please contact Gerard Bolscher for more information.
My variety has not yet been listed. Can I obtain a description anyway?
If your variety is in the process of listing or granting PBR and a test during at least one growing cycle has been performed, the answer is: yes. Please, send an e-mail to Board for Plant Varieties for further inquiries and check our tariff list.
13. Perennial garden
What is the Reference Garden for Perennial Plants?
The Reference Garden for Perennial Plants has been laid out as a reference garden for the range of perennials currently being marketed. The Reference Garden for Perennial Plants is home to around 3,000 varieties, of which 2,600 have been judged as being true to variety; varying from Hosta to Serpervivum.
Where and when can the Perennials Reference Garden be visited?
The Reference Garden for Perennial Plants is frequently visited by trade professionals so they can see and compare propagating material that is true to the variety. During the season (April-October inclusive) the Reference Garden for Perennial Plants is open every Wednesday from 13.00 to 17.00 hrs. The Reference Garden for Perennial Plants is situated behind the head offices of Naktuinbouw in Roelofarendsveen. If you are interested in paying a visit to the garden, please contact Variety testing.
Am I allowed to take photographs?
Yes, certainly for your own personal use. If you wish to take photographs for professional use a fee is payable of 126 euro (excl. VAT) per day and 850 euro (excl. VAT) per year. Please contact Raoul Haegens.
Am I allowed to take seeds or cuttings home with me?
No, taking seeds or cuttings is strictly forbidden.
Is there a place for my variety in the Reference Garden for Perennial Plants?
Doesn’t the Reference Garden for Perennial Plants already feature your variety? You can have your variety planted up for a period of at least three years. Please contact Raoul Haegens for more information. For the fees charged by Naktuinbouw, please consult the list of fees.
14. Register of Varieties
Where can I find the agricultural varieties which are registered within the Netherlands?
In the national catalogue for agricultural crops.
This overview reflects the situation of the 1st of July 2011.
Is it possible to make it more official?
Naktuinbouw can issue a declaration on an application, on listed varieties or on varieties with plant breeders' rights. The Board for Plant varieties can issue a certified copy from the Dutch national catalogue. These declarations or certified copies become more official after legalisation of the document by the Minstry of Foreign Affairs, Chamber of Commerce or an office of notary. You can find the price here.
15. International
Do you have a question about this subject?
Please contact us. This will allow us to update the FAQ section of the website.
16. Gazette
Where do I find the Gazette?
You can find the Gazette, the electronic bulletin of the Board for Plant Varieties, here. In the Gazette the Board for Plant Varieties publishes every month applications, denominations, listed varieties, grants of PBR, withdrawels and other modifications in the Dutch Register of Varieties. If you would like to be informed every month of the online publication of the Gazette, please, send us an e-mail.
17. Tariffs
What are the fees for variety testing and other tests?
The costs charged for DUS tests, but also for other forms of testing and resistance tests performed by Variety Testing are listed in the list of fees.
