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Plant Breeders’ Rights and National Listing Implementation and operational aspects

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

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Plant Breeders’ Rights and National Listing Implementation and operational aspects

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

  2. Introduction • Naktuinbouw: Inspection Service Horticulture; vegetables, fruit crops, ornamentals • Focus on propagatingmaterial • Inspection (phyto, quality, certification) • Varieties (identity, listing, PBR) • Laboratories (pathogens, analysis) More info: www.naktuinbouw.com

  3. Tasks Department Varieties (1) • DUS testingandreportingfor PBR andVarietyListing (decision taken by CPVO or NL Plant Variety Board) • Supports NL Plant Variety Board in registeringprotectedvarieties • Novelty check • Identity control of seed samples (post control/maintenance) • Protocol development

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

  5. 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

  6. 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)

  7. Application PBR • Open toanybody (ifrepresentedbysomebody in EU) • Pay the costs in advance (applicationandtesting) (costs € 429 + € 1300-2200 average/year) • Testing DUS: 2 growingseasons (seeds), 2 harvestseasons Fruit, 1 growingseasonvegetativeornamentals • No annual fee appliedaftergranting PBR fornational PBR in the netherlands (gthere is anannual fee in EU)

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

  9. 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)

  10. 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.

  11. To end • Naktuinbouw availablefortechnicalquestions (help desk) • Naktuinbouw availablefor training • Naktuinbouw has information on registration • Naktuinbouw does DNA analysis (connectionwith databases) • Naktuinbouw also: certification/testingfruitcrops, ornamentals. Thankyouforyour attention!

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