Plantum represents 350 plant breeding and propagation companies in the Netherlands. Plant breeders' rights (PBR) provide intellectual property protection for new plant varieties, offering breeders exclusive rights over the commercialization of their varieties. PBR laws have evolved over time, from early domestic laws to international conventions like UPOV 1978 and 1991, expanding the scope of protection. To qualify for PBR, a variety must be novel, distinct, uniform, and stable. Key aspects of PBR include the breeder's exemption, exhaustion of rights, and farmers' privilege to reuse harvested seed. The Netherlands sees around 1500 PBR applications annually, especially for ornamental, field crop, vegetable, and fruit varieties.

1. Plant Breeders Rights
a short introduction
11-11-2014 – Judith de Roos-Blokland

2. The 350 members united in Plantum are active in:
• Plant breeding/selection
• Propagation
• Production of cuttings, seeds
and young plants
• Tissue culture
• Trade in plant materials
Plantum
Agriculture
Ornamentals
Vegetable seeds
Young vegetable plants

3.  Plant Breeders Rights
 Trademarks
 Patents
NOT:
• EU Marketing Directives
- Varieties can only be marketed in EU once
registered on Common Catalogue (veg+agr)
BUT without IP: by everyone
IP Protection for plants

4. • US Plant Patent Act (1930)
No explicit breeders’ exemption, but the right is
limited to asexual propagation
• In France, Germany and Belgium for a short
period varieties protected by patent law
• The Netherlands: Kwekersbesluit 1941
• Beginning of first PBR legislation in Europe
• First Treaty on Plant Breeders Rights:
UPOV Convention 1961
• Zaaizaad en Plantgoedwet 1967
Origin Plant Variety Protection
or Plant Breeders Rights

5. • Reasons for a specific Intellectual Property
Right for plant varieties instead of protection by
patents
• Self reproductive material
• Different ways of multiplication/ appearance
• Influence of environment
• Paper examination not sufficient
Origin Plant Variety Protection

6. • A plant variety can be protected if it is
- Distinct (D)
- Uniform (U)
- Stable (S)
- Novel
- Suitable denomination
Object of Plant Breeders Rights

7. International UPOV Convention
currently 73 members (green)

8. • Limited number of species for which protection
is possible (max. of 24 )
• Scope of PBR-right is limited to:
- production of propagating material for purposes
of trade
- selling of propagating material
- trading of propagating material
• Protection period of 15 years (extension to 18
years for vines and trees)
• Ban on double protection for varieties
UPOV Convention 1978

9. • Protection needs to be possible for all species
(after implementation period)
• Scope of PBR-right:
production and reproduction, conditioning,
offering for sale, marketing, exporting,
importing or stocking of :
- propagating material
but also:
- harvested material
- essentially derived varieties
UPOV Convention 1991

10. The breeders right shall not extend to acts
concerning any material which has been sold or
marketed by the breeder or with his consent in
the territory, unless
-there is further propagation of the variety
-there is export of the material into a country
which does not protect varieties of the plant
species to which the variety belongs, except if the
exported material is for final consumption
purposes
Exhaustion

11. The authorisation of the breeder is required in
regard to harvested material obtained through the
unauthorised use of propagating material,
unless the breeder has had the reasonable
opportunity to exercise his right
Harvested material

12. Requirements:
-the variety is predominantly derived from the
initial variety or from a variety that is itself
predominantly derived from the initial variety
-it is clearly distinguisable from the initial variety
-except from the differences which result from the
act of derivation, it conforms to the initial variety
in the expression of the essential characteristics
that result from the genotype
Essentially Derived Varieties
(EDV’s)

13. • Limitations to the exclusive right:
- Breeders’ exemption
- Acts done privately and non-commercial
- Farm saved seed
“Within reasonable limits and subject to the
safeguarding of the legitimate interests of the
breeder”
• Protection period of 20 years
(25 years for vines and trees)
UPOV Convention 1991

14. • Right is granted by the Community Plant
Variety Office (CPVO) in Angers
• One right is effective in all 27 EU
Member States
• DUS examination is done for the CPVO
by the entrusted examination offices of
the national authorities
• PBR legislation EU:
Basic Regulation (EC) 2100/94
Breeders can choose either an EU right or
national right(s)
Community Plant Variety
Protection

15. Art. 14 Reg. 2100/94/EC
Farmers are authorized to use the product of their
harvest
for propagating purposes in the field, on their own
holding
• Only for fodder plants, cereals, potatoes,
oil&fibre plants
• Payment of a reasonable remuneration
Art. 59 Zaaizaad en plantgoedwet 2005
• The farmer may use his harvested seed on his
own holding, under the condition that he
informs the breeder about this use
before the 15th of May of the year of harvest.
Farmers exemption
(Farm Saved Seed)

16. What is Farm Saved Seed?

17. Yearly 1500 applications for Plant Breeders’
Rights
- 1000 application for EU PBR
= +/- 30% of all applications (!)
- 500 applications for national PBR
Development of new varieties by
Dutch breeders

18. Ornamentals: (45%)
• Rosa, chrysanthemum, petunia, pelargonium,
lilium, impatiens, gerbera, Phalaenopsis
Field crops: (30%)
• Maize, wheat, potato, rapeseed, ryegrass,
sunflower
Vegetables (20%)
• Lettuce, tomato, capsicum, onion
Fruit (5%)
Most important ‘PBR’ species