Plant Breeders’ Rights and National Listing Implementation and operational aspects

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Presentation transcript:

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

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: www.naktuinbouw.com

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

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

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

NL Applications PBR and listing Since 1941: 36.000 varieties Nowadays: annually 1400-1500 (plus 600-700 for listing/registration) Agricultural crops: DUS + VCU Horticultural crops: DUS Ornamentals: description PBR: always optional NL does not test all species! (bilateral agreements)

Application PBR Open to anybody (if represented by somebody in EU) Pay the costs in advance (application and testing) (costs € 429 + € 1300-2200 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)

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

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)

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.

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!