2. Plant Breeders’ Rights and National Listing Implementation and operational aspects
John van Ruiten,
Director Naktuinbouw
Netherlands
Novi Sad, 22 May 2014

3. Introduction
Naktuinbouw: Inspection Service Horticulture; vegetables, fruit crops, ornamentals
Focus on propagating material
Inspection (phyto, quality, certification)
Varieties (identity, listing, PBR)
Laboratories (pathogens, analysis)
More info:

4. Tasks Department Varieties (1)
DUS testing and reporting for PBR and Variety Listing (decision taken by CPVO or NL Plant Variety Board)
Supports NL Plant Variety Board in registering protected varieties
Novelty check
Identity control of seed samples (post control/maintenance)
Protocol development

5. Tasks Department Varieties (2)
Resistance testing
Training courses (PVP), internships, DUS Helpdesk
Participation in UPOV, CPVO, projects
Variety Tracer

6. Variety development cycle
Genes
Genetic resources $$
Breeding company/Breeding Institute
Identity testing (DUS)
Performance testing (VCU)
Variety Register
Variety Release (listing)
Breeders’ Rights
Seed Quality control
Legal framework
Seed Production
Marketing

7. NL Applications PBR and listing
Since 1941: varieties
Nowadays: annually (plus for listing/registration)
Agricultural crops: DUS + VCU
Horticultural crops: DUS
Ornamentals: description
PBR: always optional
NL does not test all species! (bilateral agreements)

8. Application PBR Open to anybody (if represented by somebody in EU)
Pay the costs in advance (application and testing) (costs € € average/year)
Testing DUS: 2 growing seasons (seeds), 2 harvest seasons Fruit, 1 growing season vegetative ornamentals
No annual fee applied after granting PBR for national PBR in the netherlands (gthere is an annual fee in EU)

9. General issues for debate
Varietal distance
Relation with patents
New EU legislation
Use of DNA
Officially recognized descriptions
Costs

10. Specific points (1) Farm saved seeds. UPOV 91 Limited. Consent needed
Club varieties (brand name, registered trademark). Production trees regulated by owner. Fruits marketed under trademark (by participants)
Breeders exemption: always possible to use new and protected varieties for breeding (difficult: patents)

11. Specific points (2) Harvested material (end produce)
Licence contract: decision owner yes or no
License fee/royalty: to be decided by owner
Violation/infringement: owner takes action. Competent court. No mediation at that moment. Before: yes.

12. To end Thank you for your attention!
Naktuinbouw available for technical questions (help desk)
Naktuinbouw available for training
Naktuinbouw has information on registration
Naktuinbouw does DNA analysis (connection with databases)
Naktuinbouw also: certification/testing fruitcrops, ornamentals.
Thank you for your attention!