NL Patent Office

Application in the Netherlands

The Seeds and Planting Materials Act 2005 entered into force on February 1, 2006. This act replaces the Seeds and Planting Materials Act or the Plant Breeders' Rights of 1966.

The updated Act is concerned with modernisation of aspects, including:

• Split procedures for the granting of plant breeders' rights
• Authorisation of plant varieties and forestry stands
• Regulations for the trading of seeds and planting materials

Board for Plant Varieties
Four authorities will cease to exist on the basis of the Seeds and Planting Materials Act 2005. Their functions will be combined into a single new authority: the Board for Plant Varieties (website only in Dutch). This Board is responsible for:

• Granting plant breeders' rights (which was previously carried out by the Board for Plant Breeders' Rights).
• Authorisation of agricultural varieties and breeds (which was previously carried out by the Committee for the Composition of the List of Varieties for Agricultural Crops).
• Authorisation of varieties and forestry crops (which was previously carried out by the Committee for the Composition of the List of Varieties for Forestry Crops).
• Authorisation of vegetable varieties using the B-list (which was previously carried out by the Committee for Authorisation of Vegetable Varities).

Applying for rights
Applications for plant breeders' rights in the Netherlands (entire plant kingdom), authorisation of agricultural varieties and breeds and authorisation of vegetable varieties (using cultivation tests, if necessary) must be filed with the Board for Plant Varieties.