Agricultural crops: Plant Breeders' Rights and listing on the national list

Steps for listing national list and obtaining Plant Breeders' Rights

The process of listing a new agricultural variety on the national list or obtaining national Plant Breeders' Rights proceeds in stages.

National list

In order to market an agricultural crop within the European Union (EU), it must have been listed first. If a variety is included on the national list of at least one EU member state, then it can be marketed throughout the entire EU. The national list in the Netherlands is the Dutch Register of Varieties.
Varieties can be listed on the Dutch Register of Varieties if they meet the DUS and VCU criteria and have an accepted name. DUS stands for Distinct, Uniform and Stable, which means that the variety is distinct from all other varieties, uniform and stable. DUS testing involves certain costs. VCU stands for Value for Cultivation and Use, which determines the agricultural value of a particular variety.
Naktuinbouw performs these tests the Netherlands to establish if a variety meets the DUS criteria. The test is run during at least two growing cycles on the NAK trial fields in Tollebeek. The VCU test is organised and financed by the breeders, the growers and the industry according to protocols established by the Board for Plant Varieties.

EU common catalogue

Once a variety is listed on Dutch Register of Varieties, it is admitted to the marketing channels in the EU. The Board for Plant Varieties announces the listing to the European Union and the other EU member states, to enable the variety to be included in the EU common catalogue (choose: your language -> simple search -> search terms -> search for "Common Catalogue"). The Plant variety database of the EU is a searchable edition of the common catalogue.

National Plant Breeders' Rights

To protect the ownership of the variety, breeders can apply for the Plant Breeders' Rights for the variety. As a member state of the UPOV, the Netherlands has a national Plant Breeders' Rights system that is based on the UPOV 1991 Convention. It is possible to apply for Plant Breeders' Rights for all agricultural varieties. Applying for Plant Breeders' Rights does not give any rights to be able to market the variety. The marketing 'right' can be gained by applying for listing on the national list. This application can be made at the same time, on a single form.
If a new variety complies with DUS criteria and has been given an accepted name, the Plant Breeders' Right will be granted. Just like with listing on the national list, Naktuinbouw performs the test. When the Plant Breeders' Rights have been granted, the variety will be listed on the Dutch national list.

National list plus Plant Breeders' Rights

The application for inclusion on the Dutch national list can be combined with an application for national Plant Breeders' Rights. The DUS test applies for both applications. This saves the applicant money. A condition for listing is that the variety also conforms to the VCU demands.

European Plant Breeders' Rights

Alongside national Plant Breeders' Rights there are also community Plant Breeders' Rights that are valid for all of the EU member states. The Community Plant Variety Office (CPVO) grants these rights. The application forms can be downloaded from the website of the CPVO.
If a variety has been listed on the national list or has been granted national Plant Breeders' Rights, the report can be taken over by the CPVO. For a small extra fee this gives the variety Plant Breeders' Rights which apply in the entire EU - on condition that the variety meets the community demands for novelty.