New Plant Varieties
– Seeds and Plant Material Act 2005 (Zaaizaad en Plantgoed wet 2005), in force since February 1, 2006, last amended in 2017, taking effect as of September 1, 2017.
Membership in International Conventions
– International Convention for the Protection of New Varieties of Plants (UPOV), since August 10, 1968, 1991 Act since April 24, 1998.
Applicant: the breeder or any other party who can prove it took over the variety from the breeder.
Non-residents: must be represented by an agent in the Netherlands.
Priority: may be claimed while filing the application, based upon the first application filed in another UPOV country.
Place of breeding: the variety must have been obtained in the Netherlands or in another UPOV country.
Novelty: not novel (a) if production material was put into circulation in the Netherlands with applicant’s consent earlier than one year prior to the filing date; (b) if put into circulation with applicant’s consent outside the Netherlands earlier than four years before the filing date and in case of trees or grapevines earlier than six years before the filing date.
Other requirements: clearly distinctive from other known varieties, sufficiently homogeneous and stable.
Filing requirements for an application (to be sent to resident agent):
1. Unlegalized power of attorney (if an agent has been appointed);
2. Indication of the following items: A – applicant (if the applicant is not the breeder he has to indicate B – the breeder and how he obtained the right to make the application); C – nationality of applicant; D – kind of plant; E – provisional denomination and proposed name; F – country or countries where breeding took place; G – earlier corresponding applications filed abroad; H – if the variety was offered for sale or put into circulation before the filing date, place, date (in the Netherlands and abroad) and name of the variety; I – if priority is claimed, UPOV country and date of first filing and indication whether immediate or deferred examination is wanted;
3. In case of priority, priority documents (may be filed within three months from filing date of application) certified by the competent authorities;
4. Description of the variety (a technical questionnaire should be filled out);
5. Proposal for a variety name;
6. Vegetative propagation or multiplication material, to be filed only in one (beforehand determined) period per year.
All of the forms should comply with the requirements of the Breeder’s Right Authority.
Examination: the application is examined by the Board for Plant Varieties (Raad voor Plantenrassen) and the vegetative propagation or multiplication material filed together with the application is subjected to testing (control growth) at an official research station. Testing during a second period may be necessary. In some cases the results from other UPOV authorities are accepted. If priority is claimed applicant may either file a “complete application” or a provisional one. In the latter case, testing is only carried out after filing a “complete application” within two years from the filing date.
Publication: applications filed and rights granted are published.
Beginning of protection: the day after the date of grant.
Duration: twenty-five years from the date of grant, exceptionally thirty years.
Extension of duration: not possible.
Nullification: is possible during the whole life of the right. Nullification has no retroactive effect.
Fees: filing and testing fees payable.
Annuities: no annuities are to be paid.
Working – compulsory licenses: may be granted for public interest in the interest of the supply of the market with production material on reasonable terms.
Penalty for infringement: no fixed penalty -depends on claim filed by breeder’s right owner.
Official Publication: “Gazette Raad voor de Plantenrassen” (publication of the Board for Plant Varieties).