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

Steps for listing on the national list and obtaining Plant Breeders' Rights

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

National list

In order to market a vegetable variety within the European Union (EU), it must have been listed first. This applies to virtually all varieties of vegetable crops. With vegetable varieties it is also possible to market seed before listing (but after an application has been submitted) using a special authorisation regulation, the European directive 2004/842/EG. 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 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.

Naktuinbouw performs these tests in the Netherlands to establish if a variety meets the DUS criteria. The test is usually run during two growing cycles at Naktuinbouw, or one growing cycle at Naktuinbouw and one at the applicant's site, using a test protocol and instructions prescribed by Naktuinbouw. Resistance tests are often part of the test.

EU common catalogue

Once a variety is listed on the 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.

If the listing is based only on the official tests performed by Naktuinbouw, then the variety is included in the EU common catalogue as an A-variety. This means that material of the variety can be traded as ‘standard seed’ or as ’certified seed’.

If the admission is based on a combination of the official tests performed by Naktuinbouw and an on-company test, then the variety is included in the EU common catalogue as a B-variety. This means that material of the variety can be traded as ‘standard seed’.

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 vegetable varieties. Applying for Plant Breeders' Rights does not give any rights to be able to market the vegetable 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 tests in order to establish if the variety meets the DUS criteria. This takes places over at least two trial growing seasons, including any resistance tests. When 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 in 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.
As the Plant Breeders' Rights are only valid for the results of official (Naktuinbouw) tests (and resistance tests), the majority of applicants opt for the two seasons of official testing and omit the company tests.

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 two conditions: the variety must met the EU demands regarding novelty and the EU does not accept the results of company tests. If a test has been run on-company, then a season of official tests at Naktuinbouw is still a requirement.