Types of Patents and IP Rights: Plant Breeders' Rights
Plant breeders' rights may be applied for in the case of cultivation material and varieties of plants. In addition, the protection for ornamental plants also covers the actual use for plant reproduction. Plant breeders' rights can be applied for in the Netherlands, and for Europe.
Application for plant breeders' rights
Applications for plant breeders' rights in the Netherlands must be filed with the Board for Plant Varieties (website only in Dutch). This Board is responsible for:
- Granting plant breeders' rights
- Authorisation of agricultural varieties and breeds
- Authorisation of varieties of forestry crops
- Authorisation of vegetable varieties using the B-list
Applications for community plant breeders' rights can be filed at the Community Plant Variety Office (CPVO) in Angers, France. The CPVO is an agency of the European Union and grants plant breeders' rights that are valid in the Member States of the European Union.
Applications can be filed at the CPVO or a national agency (for the Netherlands, this is the Board for Plant Varieties), which forwards the application to the CPVO. A single application procedure will allow you to obtain plant breeders' rights for the entire European Union.
- Ministry of Economic Affairs and Climate Policy