Netherlands (Kingdom of the)

PVP Office Contact Information

Postal address:
Raad voor Plantenrassen
(Board for Plant Varieties)
Postbus 40
NL-2370 AA Roelofarendsveen
Visitors’ address:
Sotaweg 22
NL-2371 GD Roelofarendsveen

Tel. +31-71 33 26 121
E-mail: teamsupport@rasraad.nl
Website: https://www.raadvoorplantenrassen.nl/en/

Specific requirements in relation to UPOV PRISMA

Are there any specific requirements in relation to UPOV PRISMA that are not required when filing an application directly to the PVP Office?

No requirements have been notified by the PVP Office.

Application data

Will I receive confirmation that my application data has been received successfully?

An e-mail is sent to confirm receipt of applications. This e-mail also states the deadline by which the submitted application will be processed in our system.

Plant Material

When applicable, where should I send the plant material?

A letter of acceptance is sent by e-mail when the application fee is paid, together with information about the submission requirements for the identity material.

In relation to DUS-applications, there are three different options:

US applications examined at Naktuinbouw or by a bilateral partner
DUS applications for which the report is taken over from another Authority;
bilateral DUS applications received through other authorities (or CPVO) and which are examined at Naktuinbouw.

Payment

How and when do I pay the PVP application fee?

Will I receive confirmation that the payment has been received?

Confirmation of payment is included in the letter of acceptance once the application fee has been paid.

Agent / Local Representative

Do I need an agent or local representative in the country, if I am not a resident?

Legal entities or natural persons from EU Member States may apply for National Plant Breeders' Rights.

An application for plant breeders’ rights can only be submitted by the person who bred or discovered and developed the variety, or by their successor.

Applicants from a non-EU Member State are required to have a representative in the Netherlands.

There are agents who submit applications in the Netherlands for applicants outside the EU, but this information is not publicly available. Please contact the PVP Office for assistance.

UPOV PRISMA Note: Agents that have already created an AGENT Account in UPOV PRISMA can indicate the territories in which they operate. Those agents will appear in a list. In cases where agents need to be accredited by the PVP Office, the agents will only be added to the list of agents available in UPOV PRISMA after the PVP Office has confirmed that the necessary accreditations have been given.

Filing Date

What is considered to be the filing date? (Note: For instance, are there any documents that the applicant must submit to the PVP offices in addition to the application form in PRISMA and the documents required in the application form in PRISMA. If so, please indicate such documents. Are there any documents that the applicant must send in paper format to the PVP Office. If so, please indicate such documents.)

After receipt of the complete application form, complete TQ, and payment of the application fee, the application process can start. The filing date is indicated in the letter of acceptance. See also the information on the website of the Board for plant varieties: https://www.raadvoorplantenrassen.nl/en/plant-breeders-rights-and-listing/national-plant-breeders-rights/

UPOV PRISMA Disclaimer: The authority entrusted with the task of granting breeders’ rights (PBR authority) retains full responsibility in relation to the requirements concerning the filing date of applications in accordance with the legislation of the member of the Union concerned.

Dates for submission

For testing or plant material purposes, are there dates for the submission of applications?

Deadlines and closing dates for submission of national applications and identity samples are published on the website of the Board for plant varieties: https://www.raadvoorplantenrassen.nl/en/plant-breeders-rights-and-listing/closing-dates-and-submission-requirements/

Deadlines for national applications examined bilaterally by other authorities can be found on the websites of those authorities.

Additional requirements

Are there any additional requirements?

If the new plant variety described in the application filed with Sakpatenti has been filed in another member of the Union, the applicant shall attach to the application a certified copy of the first application and its Georgian translation.

No additional requirements had been notified to UPOV PRISMA at the time this information was issued. Please consult the PVP Office for the latest situation.If the plant variety is protected in another member of the Union, a certified copy of the official documents confirming the breeder's right, issued by the competent authority of the respective country and its translation into Georgian shall be attached to the application or submitted within two months from the filing date.

If the application filed with Sakpatenti concerns a variety for which the examination of distinctness, uniformity, and stability (DUS) has already been conducted by the competent authority of a member state of the Union, the applicant shall attach to the application a certified copy of the official document issued by that authority reflecting the results of the DUS examination, together with its Georgian translation.

The application shall be filed in the Georgian language. If the application materials are submitted in a foreign language, the applicant shall submit a Georgian translation within three months from the filing date.