ORGANIZACIÓN MUNDIAL  
DEL COMERCIO  IP/N/1/NLD/P/3 
26 de marzo de 2004 
 
 (04-1400) 
Consejo de los Aspectos de los Derechos de Propiedad  
Intelectual relacionados con el Comercio Original:   inglés 
 
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA  
PROPIEDAD INTELECTUAL NOTIFICADOS DE  
CONFORMIDAD CON EL PÁRRAFO 2 DEL  
ARTÍCULO 63 DEL ACUERDO 
 
PAÍSES BAJOS 
   En su comunicación de fecha 19 de enero de  2001, la delegación de los Países Bajos ha 
complementado sus notificaciones anteriores rea lizadas de conformidad con el párrafo 2 del 
artículo 63 del Acuerdo, como figura a continuación.  
_______________ 
 
 
 De conformidad con el párrafo 2 del artículo 63 del Acuerdo sobre los ADPIC, se adjuntan la 
versión en holandés y una traducción al inglés de la Ley de Derechos de Obtentores de Variedades 
Vegetales, la Ley de Semillas y Material de Plantaci ón (en holandés:  Zaaizaad- en Plantgoedwet) y la 
revisión de la Ley de Semillas y Material de Pl antación (en holandés), de los Países Bajos.  
La revisión está incorporada a la versión adjunt a en inglés y holandés de la Ley de Semillas y 
Material de Plantación.  Esta Ley reglamenta los derechos de los obtentores de variedades vegetales y 
el comercio de semillas y materiales de plantación en  los Países Bajos.  Más adelante se consigna el 
texto de la versión refundida de la Ley.
1 
  En lo que respecta a los derechos de los obtento res de variedades vegetales, la ley se basa en 
el Convenio de la UPOV de 1991.  En virtud de la  Ley de Semillas y Material de Plantación, el 
obtentor de una variedad vegetal tiene la posibilid ad de ser titular de un derecho de obtentor si se 
satisfacen los requisitos (novedad, distinción, hom ogeneidad, estabilidad).  Una vez concedido el 
derecho de obtentor, se requiere la autorización del obt entor para realizar actividades con la variedad 
protegida, como la producción, la venta y la exportación.   
                                                     
 
1 En inglés solamente. 
 IP/N/1/NLD/P/3 
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 Chapter I. Definitions 
1-3  Chapter II. The Netherlands Register of Vari eties and the Board for Plant Breeders’ Rights 
4-17 
 
Chapter III. The Entry of Varieties in the Netherlands Register of Varieties 18-28  Chapter IV. The Plant Breeder’s Right 
 
Part I. The Entitlement to the Plant Breeder’s Right 29-34  Part II. The Granting of the Plant Breeder’s Right 
35-39 
 Part III. Rights and Obligations of the Holder of a Plant Breeder’s Right 40-47  Part IV. The Plant Breeder’s Right as Part of the Breeder’s Property 
48-50a 
 Part V. Duration and Claiming of the Plant Breeder’s Right 51-57  
Part VI. Decisions of the Board, Appeals to the Board and Appeals to the Court of Justice at the 
Hague 58-70  Part VII. Making and Publishing the Registrations and Entries in the Netherlands Register of Varieties 
 
Chapter V. Lists of Varieties 
73-79  Chapter VI. Trade in Propagating Ma terial and Testing Institutions 
 
Part I. Trade in Propagating Material 
80-86  Part II. Testing Institutions 87-93  
Chapter VII. 
94  Chapter VIII. Penal Provisions 95-98 
 
Chapter IX. Transitional and Final Provisions 99-102  Signature  IP/N/1/NLD/P/3 
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 History:  
This Act was amended by the Acts of 8 May 1969, Stb. 191, 7 September 1972, Stb. 461, 4 February 
1981, Stb. 35, 25 January 1984, Stb. 19, 2 May 1984, Stb. 238, 14 November 1984, Stb. 573, 26 June 1986, Stb. 388, 3 December 1987, Stb. 591, 25 Oc tober 1989, Stb. 491 jo 11 December 1991, Stb. 
608, 18 April 1991, Stb. 233, 4 June 1992, Stb. 4 22, 24 June 1992, Stb 409, 8 October 1992, Stb. 593, 
16 December 1993, Stb. 650, 23 December 1993, Stb.  690, 26 April 1995, St b. 250, 10 July 1995, 
Stb. 355, 26 June 1996, Stb. 398, 11 December 1 996, Stb. 1997, 4, 6 February 1997, Stb. 63, 6 
November 1997, Stb. 510, 17 December 1997, Stb. 660, 25 June 1998, Stb. 446, 28 January 1999, 
Stb. 30  
Staatsblad 
455 
Act of 6 October 1966 containing new regulations  governing plant breeders’ right and the trade 
in the propagating material of agricultural and horticultural species 
 We, JULIANA, by the Grace of God, Queen of the Netherlands, Princess of Orange Nassau, etc., etc., 
etc.  To all and singular to whom these presents  shall come, Greeting! We give notice that: 
 Whereas We have considered that it is desirabl e to establish new regulations governing plant 
breeders’ right and the trade in the propagating material of agricultural and horticultural species; 
 We, therefore, having heard the Council of State, a nd in consultation with the States General, have 
approved and decreed as We hereby approve and decree: - 
 
Chapter I. Definitions  
Section 1 
 
For the purposes of this Act: 
‘Our Minister’ shall mean Our Minister of Agriculture and Fisheries; 
‘The Board’ shall mean the Board for Plant Breeders’ Rights, referred to in Section 5; 
‘Union’ shall mean the Union for the Protection of New Varieties of Plants, constituted by the States 
that are party to the International Convention for th e Protection of New Varieties of Plants, signed at 
Paris on December 2, 1961; ‘Member State of the Union’ shall mean a State that is a member of the Union. 
 
Section 2 
For the purposes of this Act: 
‘Variety’ shall mean any group of plants within a single botanical taxon of the lowest known rank, 
which group, irrespective of whethe r the conditions for the grant of a plant breeder’s right laid down 
in this Act are fully met, can be 
- defined by the expression of the characteristics resulting from a given genot ype or combination of 
genotypes; - distinguished from any other group of plants by the expression of at least one of the said 
characteristics and  - considered as a unit with regard to its  suitability for being propagated unchanged. 
‘Propagating material’ shall mean plants or parts thereof that are intended for cultivation by planting 
or sowing or by any other means; ‘Commercialisation’ shall mean offeri ng for sale, selling and supplying; 
‘Putting on the market’ shall mean the first act of commercialisation.  IP/N/1/NLD/P/3 
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 Section 3 
1. When ‘agricultural species’ are referred  to in this Act, they shall include: 
a. poppy (Papaver somniferum
 L.), white mustard (Sinapis alba  L.), caraway (Carum  carvi  L.) and 
white clover (Trifolium repens  L.); 
b. those varieties of pea (Pisum sativum  L.), maize (Zea mays  L.), turnip (Brasica campestris L. Var. 
rapa (L.) Hartm.), black radish (Raphanus sativus  L. Var. Niger  (Mill.) Pers.), dwarf French bean 
(Phaseolus vulgaris  L.) and carrot (Daucus carota  L.) that are not included under ‘horticultural 
species’ under paragraph (2). 2. When ‘horticultural species’ are referred  to in this Act, they shall include: 
a. in the case of pea, those varieties that are suita ble for cultivation solely or mainly for harvesting at 
the green stage for human consumption; 
b. in the case of maize, the varieties of pop corn and sweet corn; c. in the case of turnip and black radish, those va rieties that are suitable for cultivation solely or 
mainly for human consumption;  d. in the case of dwarf French bean , those varieties that are suitable fo r cultivation solely or mainly for 
harvesting at the green stage; 
e. in the case of carrot, the varieties of red carrot. 3. Horticultural species shall likewise include: a. those varieties of agricultural species that ar e suitable for cultivation solely or mainly for 
ornamental purposes; b. sylvicultural species. 
4. It may be provided by general administrative or der that, for the purposes of this Act, cultivated 
species, varieties or groups of varieties other than  those mentioned in the preceding paragraphs shall 
be regarded as either agricultu ral or horticultural species. 
 
Chapter II. The Netherlands Register of Vari eties and the Board for Plant Breeders’ Rights 
 
Section 4 
1. There shall be a register for the purpose of ente ring therein groups of plants for which it has been 
established that they constitute varieties. The regist er shall be public and sh all be called Netherlands 
Register of Varieties. 2. The arrangement of the Netherlands Register of Va rieties shall be laid down by or by virtue of a 
general administrative order. 
 
Section 5 
1. There shall be a Board for Plant Breeders’ Rights comprising: 
a. a Central Department; 
b. an Agricultural Species Department; 
c. a Horticultural Species Department; d. an Appeals Department. 2. The departments may be subdivided into sections by general administrative order. 
 
Section 6 
1. The Board shall have: 
a. a President; b. three Vice-Presidents; c. a minimum of three and a maximum of seven members for each department or section. 2. A Secretary and one or more Assistant Secretaries shall be attached to the Board.  Section 7 
1. We shall appoint the President, the Vice-Pre sidents and other members of the Board. The 
appointment shall be for a period of five years.   IP/N/1/NLD/P/3 
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 2. The persons referred to in the preceding paragraph shall be eligible for reappointment. They may be 
discharged by Us at their request. 3. The President shall be sworn in by Our Minister, and the Vice-Presidents and other members shall be sworn in by the President, before they enter upon their duties. 4. The President, Vice-Presidents and other member s of shall be discharged as from the first day of 
the month following the month in whic h they reach the age of seventy. 
 
Section 8 
1. Spouses or registered partners, blood relatives and relatives by marriage up to and including the 
third degree of relationship may not be members of the same department unless it is subdivided into 
sections; in that event they may not be members of the same section. 
2. If the marriage or the registered partnership has been contracted or the relationship by marriage has 
come into being after the appointment, the last-appointed member may no longer be a member of the department or section in question, unless our Minister has given his permission. 3. The relationship by marriage or registered pa rtnership shall cease to exist upon the dissolution of 
the marriage or the registered partnership that established it. 
4. Members who have dealt with a case in the first instance shall not take part in the proceedings in 
the Appeals Department relating to that case.  
Section 9 
1.The Secretary and Assistant Secretaries shall be appointed by Our Minister. 2. They shall have obtained the degree of doctor of  law, or have qualified as lawyers, at a State 
University or at some other Netherlands University of equivalent status, provided the degree or qualification was awarded on the strength of an exam ination in Netherlands civil law and commercial 
law, constitutional law and criminal law.  Section 10 
1. Without prejudice to what is stated elsewhere , the President, Vice-Presidents and other members 
shall be discharged by Us: a. if age, permanent physical disability or mental illness has rendered them unfit to perform their 
duties; b. if they have been placed under guardianship. 
2. Without prejudice to what is stated elsewhere, the persons referred to in the preceding paragraph 
may be discharged by Us: a. if they have contravened the provisions of Sections 11 and 12; 
b. if they have been declared bankrupt, the personal debt restructuring scheme applies to them or they 
have been granted suspension of payment or are in prison for debt. 
3. Before the person concerned is di scharged by virtue of the preceding paragraph, he shall be heard, 
or at least be duly summoned. 4. In the event of any of the circumstances referred  to in paragraph (2) arising, Our Minister shall 
have the power to immediately suspend the person concerned; suspension shall be for a period not 
exceeding three months. The General Expiry of Periods Act shall not apply to this period. 
 
Section 11 
The President, Vice-Presidents, members, Secretary and Assistant Secretaries shall be pledged to 
secrecy in respect of what comes to their knowledge in  the course of their duties and in respect of any 
opinions expressed when a case is being dealt with.  Section 12 
The persons referred to in the preceding Section sha ll not take part in proceedings involving cases in 
which they have any vested interest whatsoever.  IP/N/1/NLD/P/3 
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 Section 13 
Our Minister shall lay down rules for the reimbur sement of travel and accommodation expenses and 
for the payment of an attendance fee to the Presid ent, Vice-Presidents, and members. Our Minister 
may grant an annual fixed sum to the President and the Vice-Presidents in lieu of an attendance fee. 
 Section 14 
1. The Board shall have the power to hear witnesses and experts. 
2. Any person called as a witness shall obey the summons. 3. Sections 191 and 203, paragraphs  (2) and (3), of the Code of Civil Procedure shall apply mutatis 
mutandis  to witnesses. 
4. The Board may order witnesses who, though duly su mmoned, failed to appear, to be brought before 
it by the public authorities. 5. The provisions of Sections 197-199, 203 and 20 5 of the Code of Civil Procedure shall apply 
mutatis mutandis
 to the hearing of witnesses. 
6. The experts shall be impartial and make their reports in good faith. The Board may impose on them 
the obligation that they will maintain secrecy. 
 
Section 15 
1. Further provisions regarding the composition of a nd the procedure to be adopted by the Board and 
the swearing in of members shall be made by or  by virtue of a general administrative order. 
2. The following shall be regulated, among other things, in the general administrative order: 
a. the composition of the departments and sections to carry out the tasks entrusted to the Board; 
b. the calling up of applicants, petitioners and other interested parties, and of witnesses and experts; 
c. the compensations to be paid to witnesses and experts.  
Section 16 
1. Our Minister shall fix a tariff of fees payable for work done by the Board when making entries or 
notes in, and issuing copies of or extracts from, th e Netherlands Register of Varieties and for the 
advice as referred to in Section 41 (4). 2. The Board shall not deal with documents nor furn ish applicants with copies of or extracts from, the 
Netherlands Register of Varieties until the am ount due under the preceding paragraph is paid. 
 Section 17 
All documents addressed to or emanating from the Board shall be exempt from stamp duty and from 
the formality of registration.  
Chapter III. The Entry of Varieties in the Netherlands Register of Varieties 
 
Section 18 
1 The following varieties shall be entered in  the Netherlands Register of Varieties: 
a. varieties for which plant breeders’ rights have been granted; b. varieties of agricultural species designated by or  on behalf of Our Minister and of horticultural 
species designated by general administrative orde r and meeting the requireme nts of sub-paragraphs 
(a), (b) and (c) of paragraph (1) of Section 29, but for which plant breeders’ rights cannot be granted. 
2. Subject to rules to be laid down by general admi nistrative order, varieties other than those referred 
to in sub-paragraph (b) of paragraph (1) for which a plant breeder’s right cannot be granted and which 
belong to agricultural species designated by general administrative order shall be entered in the 
Netherlands Register of Varieties at the breeder’s request. The rules may impose upon the breeder the 
obligation to pay an annual fee specified therein. 
3. The Board shall enter the variety in the Regist er by recording the description characterising the 
variety, determined by the Board, and its denomination. 4. The denomination entered in the Register sha ll be taken as the generic name of the variety. 
  IP/N/1/NLD/P/3 
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 Section 19 
1. The denomination must enable the variety which it designates to be identified. It may not consist 
solely of figures, except where this is an established practice for designating varieties. It must not be liable to mislead or to cause confusion concerning th e characteristics, value or identity of the variety 
or the identity of the breeder. In particular, it must be different from every denomination which 
designates, in any Member State of the Union, an  existing variety of the same or a closely related 
cultivated species. 2. The denomination must not be contra ry to public order or offensive. 
3. The denomination shall be the same as that alread y registered for the variety in any Member State 
of the Union , provided it is suita ble for use in this country. 
4. No denomination shall be adopted in respect of which the Board finds that it so closely resembles a 
trade name or trademark that it would be liable to cause confusion regarding the nature or origin of 
products.  
Section 20 
1. Before adopting a denomination, the Board sha ll publish it in a manner to be determined by Our 
Minister. 2. Interested parties may lodge objections to a de nomination with the Board within eight weeks of the 
date of its publication on the ground that it resembl es a trade name or trademark so closely that it 
would be liable to cause confusion regard ing the nature or origin of products. 
3. The Board shall not adopt a denomination until it  has until it has decided on the objectives referred 
to in paragraph (2). 
4. The Industrial Property Office, shall, on request, furnish the Board with information concerning the 
trademarks registered with it.  
Section 21  
1. The applicant shall propose a denomination for the variety when applying for a plant breeder’s right 
or when making the application referred to in paragraph (2) of Section 18. 
2. The applicant may also use a provisional designation. If he does, he shall propose a denomination at a time to be fixed by the Board. 3. The proposed denomination shall be accompanied by a deed stating that the applicant will renounce 
any right accruing to him in any Member State of the Union with respect to that denomination for 
identical or similar products in the event of  the proposed denomination being registered. 
The Board shall send a copy of the deed to the In dustrial Property Office and to the Office of the 
Union when the denomination has been registered. 4. The Board shall adopt the proposed denomination or the denomination referre d to in paragraph (3) 
of Section 19, unless it is of the opinion that doing so would be contrary to the provisions of Section 
19. In that event it shall call upon the applicant to propose another denomination. 
 
Section 22 
1. The Board may also establish and register a provisional description characterising the variety. 
2. The Board may supplement the description and shall register the additional information: 
a. at the request of the interested party; 
b. ex officio
, if such is required in view of the descrip tion of some other variety, in which case the 
interested party shall be heard; or for other reasons, but then only with the in terested party’s consent. 
3. the term ‘interested party’ used in paragraph (2 ) shall be understood to mean the holder of a plant 
breeder’s right, or the breeder of a variety of th e kind referred to in paragraph (2) of Section 18. 
 
Section 23 1. If the use of a registered denomination for pr opagating material of the variety for which it was 
registered is prohibited by the decision of a Court on the ground of a right accruing to another person 
with respect to that denomination, the President of  the Board shall delete the registered denomination 
at the request of the first party to take action and shall enter a provisional designation to serve as the IP/N/1/NLD/P/3 
Página 8  
 
 denomination, if possible in consultation with the holder of the plant breeder’s right, or with the 
breeder of a variety of the kind referred to in paragraph (2) of Section 18. 2. The Board shall adopt a new denomination after having given to the holder of the plant breeder’s 
right, or the breeder of a variety of the kind referred to in paragraph (2) of Section 18, the opportunity 
to suggest another denomination within a certain ti me limit and shall register the new denomination. 
3. If it is established that a variety cannot be recorded under the registered denomination in the 
Register of Varieties established by the European  Community for the species to which the variety 
belongs, the President of the Board may,  at the request of the holder of the plant breeder’s ri ght to that effect, delete a registered denomination 
and enter a provisional designation to serve as th e denomination. The second paragraph shall apply 
mutatis mutandis
. 
 
Section 24 
1. The applications and requests referred to in this  Chapter, and the withdrawal and refusal of such 
applications and requests, shall be recorded in the Netherlands Register of Varieties. 
2. The registrations referred to in this Chapter and the entries pertaining to the applications referred to 
in paragraph (2) of Section 18, and the withdrawal and refusal of such applications, shall be published 
in the Nederlandse Staatscourant .  
 
Section 25 
The decisions of the Board made pursuant to the pr ovisions of this Chapter shall be communicated to 
the interested party referred to in Section 20, the a pplicant referred to in Section 21 or the holder of 
the plant breeder’s right referred to in Sections 22 and 23 or the breeder of a variety of the kind 
referred to in paragraph (2) of Section 18.   
Section 26 
1. An appeal against the decisions referred to in Section 25, with the exception of the decisions made 
pursuant to Section 20 or paragraph (2) of Section 23, may be lodged with the Appeals Department. 
2. An appeal against the final decisions made by th e Board pursuant to Section 20 or paragraph (2) of 
Section 23, may be lodged with the Court of Justi ce at The Hague, which shall sit in chambers. The 
Clerk of the Court shall inform the Board of the appeal and of the Court’ s decision within three days. 3. The appeal may be lodged by the person who is to  be informed of the deci sion pursuant to Section 
25. 
4. The appeal referred to in paragraph (2) shall be  made by substantiated pe tition within six weeks of 
the date of communication of the decision.  
Section 27 
Further provisions shall be made by or by virtue  of a general administrative order with respect to: 
a. the applications and requests referred to in this Chapter; 
b. the fixing of the date on which the applications  and requests referred to under (a) shall be deemed 
to have been submitted to the Board; c. the hearing of interested parties.  Section 28 
The registrations and entries referred to in this  Chapter and based on decisions against which an 
appeal may be lodged shall be made when a decision has been taken on the appeal or if the time limit 
for an appeal has expired without the appeal having been lodged, or if the appeal has been withdrawn 
by means of a written notification to that effect addressed to the Board.       IP/N/1/NLD/P/3 
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 Chapter IV. The Plant Breeder’s Right 
Part I. The Entitlement to the Plant Breeder’s Right 
 
Section 29 
1. A plant breeder’ s right may be granted in respect of a new variety of a plant genus or species. The plant breeder’s right shall be granted if: 
a. at the moment of making the application for a plant breeder’s right, the variety is clearly distinguishable from any other variety whose existenc e is a matter of common knowledge at that time; 
b. the variety is sufficiently homogeneous, having regard  to the particular features of its propagation; 
c. the variety is stable in such a manner that it remains true to its description, in its essential 
characteristics, after repeated propagation or, wher e the breeder has defined a particular cycle of 
propagation, at the end of each cycle. 2. For the purposes of sub-paragraph (a) of paragr aph (1) a variety’s existence shall be deemed a 
matter of common knowledge if, in any country, an app lication was filed for a plant breeder’s right or 
for the entering of this variety in an official regi ster of varieties, from the date of the application 
provided that the application leads to the granting of a plant breeder’s right or to the entering of the 
said variety in the official register of varieties, as the case may be. 3. A variety shall not be regarded as new if, at the time of the application for a plant breeder’s right, 
propagating or harvested material of the variety has b een sold or otherwise disposed of to others with 
the consent of the person or his predecessor in title  who bred, or discovere d and developed the new 
variety by his own efforts, for purposes of exploitation: 
a. in the Netherlands earlier than one ye ar before the date of application; 
b. outside the Netherlands in the case of trees or vines earlier than six years before the date of 
application; c. outside the Netherlands, in the case of varieties other than those referred to under sub-paragraph 
(b), earlier than four years before the date of application. 
4. The fact that material of a variety has been gi ven to others to test, or has been submitted for 
registration or registered in an official register, ma y not be held against the breeder of the variety or 
his successor in title.  
Section 30  
1. The entitlement to a plant breeder’s right sha ll accrue to the person or his predecessor in title who 
bred, or discovered and developed the new variety by his own efforts. 
2. If the variety has been bred, or discovered and de veloped outside the Netherlands by the efforts of a 
natural person without the Dutch nationality or a legal entity without a registered office in the 
Netherlands there shall only be an entitlement to a pl ant breeder’s right in so far as the Netherlands is 
obliged to grant the plant breeder’s right under an international agreement. 
3. If a variety has been bred, or discovered and de veloped outside the Netherlands and there is no 
obligation as that described in paragraph (2), a plan t breeder’s right may be granted in respect of the 
variety if Our Minister is of the opinion that granti ng that right will benefit agriculture or horticulture 
in the Netherlands. Our Minister may make the gran ting of the right subject to certain conditions and 
he may limit the scope of the rights accruing to the breeder under this Act.  Section 31 
1. If the person referred to in paragraph (1) of Section 30 has bred, or discovered and developed a 
variety in the context of his employment or in the context of an agreement with a client to work for 
payment other than wages and the nature of the wo rk involves plant breeding activities with respect to 
the cultivated species to which the variety belongs, the entitlement to  the plant breeder’s right shall 
accrue to the employer, the client or the predeces sors in title of the said employer or client.  
2. In the event referred to in paragraph (1) th e person who has done the breeding work shall be 
entitled to a fair remuneration, unless such remunera tion may be deemed to be included in the wages 
received by him or the benefits enjoyed by him. 3. Any stipulation in derogation from the provisi ons of paragraph (2) shall be null and void. IP/N/1/NLD/P/3 
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 Section 32 
If two or more persons associated otherwise than in the manner described in Section 31 have together 
bred, or discovered and developed a new variety, they shall be jointly entitled to the plant breeder’s 
right.  Section 33 
If, pursuant to Section 30, two or more persons can lay claim independently of each other to the grant 
of a plant breeder’s right in respect of the same variety, the entitlement to the plant breeder’s right 
shall accrue to the person who applied for it first.  Section 34 
1. Any person who, in another Member State of the Union, has filed an application for a plant 
breeder’s right in accordance with the provisions in for ce in that State shall enjoy a right of priority in 
respect of the granting of a plant breeder’s right in the Netherlands for the same variety, provided that:  
a. within twelve months of the date of filing of the application in the Member State of the Union, 
excluding the day on which the application was ma de, he files a provisional application in the 
Netherlands and thereby claims the priority in writing, and 
b. within three months of the date of filing of the provisional application he submits copies of the 
documents submitted by him in the State of the firs t application, certified by the competent authority 
of that State, and c. within two years of the expiry of the period me ntioned under (a) he submits a regular application as 
described in Section 35. 
2. Priority has the effect that, notwithstanding th e provisions of Sections 29 and 33, such matters as 
the filing of an application by another person or the commercialisation of propagating material of the variety, occurring in the period between the filing of  the application in the other country and the filing 
of the provisional application in the Netherlands, sha ll not affect the application made in this country 
by the person entitled to priority. 
 Part II. The Granting of the Plant Breeder’s Right 
 
Section 35 
1. An application for a plant breeder’s right shall be addressed to the Board and the right shall be 
granted by the Board. 
2. In addition to the requirements of Section 21 with  regard to the denomination, the application shall 
contain a clear description of the variety and an acc urate account of the characteristics distinguishing 
it from other varieties of the same cultivated species. 3. For the purposes of examination the Board may require the breeder to furnish it with all the 
necessary material in accordance with its requirements. 
4. If the applicant does not reside in the territory of the European Community he shall elect domicile 
in the Netherlands through a person authorised to that  effect, and the election of the domicile shall, for 
the purpose of this Act, be deemed to remain valid  until the Board is informed in writing of a change 
of domicile.  Section 36 
The application and the withdrawal or refusal of the application, shall be recorded in the Netherlands 
Register of Varieties.  
Section 36a 
1. The holder of a plant breeder’s right shall be entitled to a fair remuneration from any person who, 
during the period between the filing of the applicati on for the grant of a plant breeder’s right and the 
grant of that right pursuant to Section 37, has been  engaged in activities as re ferred to in Section 40, 
with respect to the variety for which an applica tion for a plant breeder’s right has been filed.  IP/N/1/NLD/P/3 
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 2. The remuneration is only due for the activities enga ged in after thirty days from the date the person 
concerned was notified by means of a summons of th e holder’s entitlement to the claim by virtue of 
this Section.  3. The summons shall be accompanied by copies cer tified by the Board of the documents presented to 
the Board in respect of the application, or passages th ereof, in so far as they exclusively relate to the 
description of the variety for which the application was filed and the characteristics distinguishing it 
from other varieties. This does not include a description of the actual breeding process and the genealogical components of the variety. 4. The provisions of paragraph (1) do not apply to the person authorised to carry out the activities 
under an agreement with the person who pursuant to Section 30 or 31 is entitled to the grant of the 
plant breeder’s right.  
 
Section 37 
1. The description characterising the variety and its  denomination shall be laid down in the decision 
granting the plant breeder’ s right: Sections 19, 20, 21 and 22, paragraph (1), shall apply mutatis
 
mutandis . 
2. The fact that a plant breeder’ s right has been granted shall also be recorded when the variety is 
entered in the Netherlands Register of Varieties. 3. The effective date of the plant breeder’s right shall be the date following the day on which the entry 
and record referred to in the preceding paragraph were made. 
 Section 38  
It may be provided by general administrative order that, for varieties belonging to specified groups of 
cultivated species and for which plant breeders’ rights have been granted,  the holder of the right shall 
be required to pay an annual fee to be fi xed by that general administrative order. 
 Section 39 
Further provisions shall be made by or by virtue  of a general administrative order with respect to: 
a. applications for plant breeders’ rights; b. the fixing of the date on which applications for pl ant breeders’ rights shall be deemed to have been 
filed with the Board; c. the hearing of interested parties. 
 
Part III. Rights and Obligations of the Holder of a Plant Breeder’s Right  
Section 40 
1. The holder of the plant breeder’s right shall have the exclusive right to produce, reproduce or condition for propagating purposes, propagating material of the variety to commercialise it, to offer it 
for sale, to export it, import it, to stock it for an y of these purposes and to have any or all of these 
activities performed.  2. Persons other than the holder of the plant breeder ’s right shall not engage in the activities described 
in paragraph (1). The ban shall not apply if and in so far as authorisation to engage in them has been 
granted by or by virtue of this Act or by the holder of the plant breeder’s right. 
3. the ban shall not apply where 
a. the activities are carried out for private, non-commercial purposes; b. the activities are carried out sole ly for scientific research purposes; 
c. the activities are carried out for developing new varieties. 4. The exclusive right shall also apply to activities w ith respect to harvested material of the variety, 
including entire plants and parts of plants, obt ained through the unauthorised use of propagating 
material of the protected variety, unless the br eeder has had reasonable opportunity to exercise his 
right in relation to the said propagating material.  
5. It may be provided by general administrative or der that, for one or more specified species or 
varieties the exclusive right shall also apply to ac tivities with respect to the products made directly IP/N/1/NLD/P/3 
Página 12  
 
 from the unauthorised use of the said harvested material, unless the breeder has had reasonable 
opportunity to exercise his right in relation to the said harvested material.  
 
Section 41 
1. The exclusive right referred to in paragraph (1 ) of Section 40 shall also apply to the activities 
referred to in the said paragraph with regard to the material of: 
a. varieties essentially derived from the protected vari ety, where the protected variety is not itself an 
essentially derived variety; b. varieties which are not clearly distinguishable  in accordance with Section 29 from the protected 
variety and 
c. varieties whose reproduction requires the repeated use of the protected variety. 
2. For the purposes of sub-paragraph (a) of paragr aph (1) a variety shall be deemed to be essentially 
derived from another variety when it is predomin antly derived from the initial variety, or from a 
variety that is itself predominantly derived from th e initial variety, while re taining the expression of 
the essential characteristics that re sult from the genotype or combination of genotypes of the initial 
variety. 
3. Sub-paragraph (a) of paragraph (1) shall not ap ply to varieties whose existence is a matter of 
common knowledge at the time this Section takes effect. Section 29, paragraph (2), shall apply 
mutatis
 mutandis . 
4. On request the Board can provide advice with re gard to the question whether or not a variety for 
which a breeder’s right was granted by the Boar d was derived from another variety for which a 
breeder’s right was granted by the Board or whethe r another variety specified by the person making 
the request is derived from the variety for which the breeder’s right was granted. The Board shall give 
a substantiated advice.  
Section 41a 
1. It may be provided by general administrative orde r that the exclusive right, referred to in Section 
40, shall not extend to the use of a breeder’s harvest ed material of a variety, belonging to a species 
specified by the said general administrative order, or  a variety referred to in Section 41, paragraph 1, 
(a) or (b), for breeding purposes in a breeder’s own nursery.  2. The use of harvested material for breeding purposes in a breeder’s own nursery  may be subject to conditions and limitations by or by virtue of a general administrative order . These 
may relate to the maximum quantity of harvested material to be used for breeding purposes and the 
remuneration the holder of the plant breeder’s right is entitled to.  
Section 41b 
1. The exclusive right. referred to in paragraph (1 ) of Section 40, shall not extend to the activities 
concerning any material or derived material of th e protected variety, or of a variety covered by 
Section 41 , paragraph 1, which has been sold or otherwise marketed by the breeder or with his 
consent in the Netherlands or in one of the Member  States of the European Union or in another State 
which is party to the Agreement on the Eu ropean Economic Area, unless such activities: 
a. involve further propagation of the variety in question; b. involve an export of material of the variety, which enables the propagation of the variety, into a 
country which does not protect varieties of the plant genus or species to which the variety belongs, in 
a manner comparable to that provided for in this Act.  
Section 42 
1. The holder of a plant breeder’s right shall grant such licenses as are necessary to  the public interest  
2. The obligation referred to in the preceding paragra ph shall include the obligation of the holder of a 
plant breeder’s right to furnish the licensee at a re asonable price with the propagating material he 
needs if he is to make proper use of the licence.  
  IP/N/1/NLD/P/3 
 Página 13 
 
 
 Section 43 
1. If the holder of a plant breeder’s right does not fulfil the obligation referred to in Section 42, the 
license shall be granted by the Board if interested  parties so request. Section 36 shall apply mutatis  
mutandis with respect to the request. 
2. Before taking a decision the Board shall give the parties an opportunity to reach agreement within a 
period determined by the Board. 
3. If agreement cannot be reached the Board shall d ecide after having heard the parties. The scope of 
the license, the remuneration to be paid to the holde r of the plant breeder’s right, and the quantity of 
propagating material to be furnis hed and the remuneration to be pa id for it shall be fixed in the 
decision. When taking a decision the Board may re quire the person who has obtained the license to 
furnish security within a certain period. 
4. When the Board has granted the licence and the ob ligation to provide security, if imposed, has been 
complied with, the license shall be entered in the Ne therlands Register of Varieties. The license shall 
not operate until the date of its entry. From that  date it shall also operate as regards persons who 
acquired rights on the plant breeder’s right after th e date of the publication referred to in paragraph 
(1). 
 
Section 44 
1. The holder of a plant breeder’s right may make a public offer of licence. The offer shall be 
published in the Nederlandse Staatscourant through the intermediary of the Board and at the expense 
of the holder of the plant breeder’s right, if the Bo ard agrees to the terms on which the licence is to be 
granted, having regard to the public interest referred to in Section 42, paragraph (1). 
2. Any person wishing to avail himself of the o ffer shall obtain a licence by informing the Board by 
registered letter that he accepts the offer. 3. The licence shall be entered in the Netherlands Re gister of Varieties. The license shall not operate 
until the date of its entry. From that date it sha ll also operate as regards persons who acquired rights 
on the plant breeder’s right after the date of the publication referred to in paragraph (1). 
4. A public offer shall be irrevocable, subject to the provisions of the following paragraphs. 
5. Subject to the Board’s approval, the holder of a plant breeder’s right may modify the terms on which the licence is granted, but not until one year  has elapsed since its en try in the Netherlands 
Register of Varieties.  6. If the Board is of the opinion that the terms s hould be modified, it shall inform the holder of the 
plant breeder’s right accordingly. In that event the holder of the plant breeder’s right shall propose a 
modification within a period to be fixed by the Boar d, which period shall not be less than two months; 
if he fails to do so, the Board shall modify the terms ex
 officio . 
7. The modification shall be published in the Nederlandse Staatscourant through the intermediary of 
the Board. 
 
Section 45  
1. If Our Minister is of the opinion that the public interest so requires he shall communicate this to the 
holder of the plant breeder’s right in writing, stati ng the reasons for his opinion, and shall give him the 
opportunity to make a public offer under Secti on 44 within a period of one month and on such 
conditions as are approved by Our Minister. 
2. If an offer is not made pursuant to paragra ph (1), the Board shall ma ke the offer with due 
observance of the instructions given by Our Mi nister and shall publish it in the Nederlandse 
Staatscourant at the expense of the holder of the plant breeder’s right. 
3. Paragraphs (2) to (7) of  Section 44 shall apply mutatis  mutandis , it being understood that the Board 
shall follow the instructions of Our Minister in th e exercise of the powers defined in those paragraphs. 
 
Section 46  
1. A licence shall authorise the licensee to engage  in the activities described therein, which activities 
may not be engaged in, pursuant to  paragraph (1) of Section 40, by persons other than the holder of 
the plant breeder’ s right. IP/N/1/NLD/P/3 
Página 14  
 
 2. In the absence of provisions to the contrary a li cence shall apply for the entire period of validity of 
the plant breeder's right and shall extend to all th e activities for which the authorisation of the holder 
of the plant breeder's right are required under this Act. 3. A licence granted otherwise than under Sections 43, 44 and 44 shall be entered in the Netherlands 
Register of Varieties at the request of the licensee. It  shall be valid in respect of third parties after it 
has been registered. 
4. A licence shall not be transferable, unless otherwise provided for.  
Section 47 
Further provisions shall be made by or by virtue  of a general administrative order with respect to: 
a. the requests to the Board referred to in this part; 
b. the fixing of the date when the requests referred to  in (a) shall be deemed to have been submitted to 
the Board; c. the hearing of interested parties.  
Part IV. The Plant Breeder’s Right as Part of the Breeder’s Property 
 
Section 48 
1. A plant breeder’ s right and the entitlement to the grant of a plant breeder’ s right are transferable 
and inheritable. 2. Transfer of a plant breeder’ s right and the right  resulting from an application for a plant breeder’ s 
right shall take place by deed. 
3. Any reservation regarding the transfer shall be stated in the deed; in the absence of any such 
statement the transfer shall be unrestricted. 4. The transfer shall not operate in respect of th ird parties until the deed has been entered in the 
Netherlands Register of Varieties. 
5. Either party shall be entitled to request the Board to make the entry. 
 
Section 49 
1. If a plant breeder’ s right accrues to more than one person collectively, the position of such persons 
with respect to each other and their position with re spect to third parties shall be governed by what 
they have settled by agreement; their position with r espect to third parties shall be so governed only in 
so far as it is evident from the Netherlands Register of Varieties. 
2. If there is no such agreement or if the agreem ent does not provide otherwise, any person co-entitled 
to a plant breeder’ s right shall be competent to exercise the right and to take action against any 
infringement of that right. 3. Every any person co-entitled to a plant breeder’ s ri ght shall offer his rights to his co-participants at 
a reasonable price before alienating them to a third party. 
 
Section 49a 
1. The pledge of a plant breeder’ s right shall take  place by deed and shall not operate in respect of 
third parties until the deed has been entered in the Netherlands Register of Varieties. 
2. The pledgee shall be required to elect domicile in The Hague and inform the Board in writing of the 
election of this domicile. If he has failed to do so the residence of  the Board shall be deemed the 
domicile of his election. 3. Any stipulation in the said deed with regard to  the grant of licences shall not take effect until the 
date of the deed’s entry in the Netherlands Register of Varieties. From that date it shall also operate 
with respect to third parties. Stipulations relating to fees for licences granted before the date of entry 
shall be valid from the date the person con cerned was notified by means of a summons. 
4. On termination of the seizure the deed on which the termination is based shall be entered in the 
Netherlands Register of Varieties.  
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 Página 15 
 
 
 Section 50 
1.If a plant breeder’s right is seized, the report of the seizure shall be entered in the Netherlands 
Register of Varieties and the relevant provisions in the Code of Civil Procedure pertaining to the 
forced sale or garnishment of immovable property shall apply mutatis  mutandis  it being understood 
that in the report of the seizure instead of the na ture and location of the property reference shall be 
made to the plant breeder’s right. 
2. After the entry of the report the holder of a plan t breeder’s right whose right has been seized shall 
not alienate or encumber it, or place it un der supervision and shall grant no licences. 
3. Any licence fees not paid before the entry was made shall be included in the seizure ipso  jure after 
a writ to that effect has been served upon the licensee. 
The licence fees shall be paid ove r to the seizor to serve as paymen t along with the proceeds from the 
plant breeder’s right referred to under Section 50a, pa ragraph (2) on the basis of the priorities of the 
various claims, provided the licensee has expressly be en informed. Sections 475c, 476 and 478 of the 
Code of Civil Procedure shall apply mutatis mutandis . 
3. On termination of the seizure the title on which the termination is based shall be entered in the 
Netherlands Register of Varieties. 
4. The entry of the report of the seizure can be de leted from the Netherlands Register of Varieties: 
a) by virtue of a writ presented for entry stating that the seizure shall be terminated or declared null 
and void at the request of the seizor; 
b) by virtue of a written judicial decision presente d for entry stating that the seizure shall be 
terminated. 
5. Sections 504a, 538-541, 726, paragraph (2) a nd 727 of the Code of Civil Procedure shall apply 
mutatis mutandis  to the seizure of a plant breeder’s right. 
 
Section 50a 
1.The sale of a plant breeder’s right that has been se ized by a pledgee or a seizor to serve as payment 
shall be public and shall take place in the presence of a solicitor. Sections 508, 509, 513, paragraph 
(1), 514, paragraphs (2) and (3), 515-519 and 521- 529 of the Code of Civil Procedure shall apply 
mutatis mutandis , it being understood that what is said with  reference to mortgages or mortgage 
holders shall apply to the pledges and ple dgees attached to the plant breeder’s right. 
2. Sections 551 and 552 of the Code of Ci vil Procedure shall apply mutatis mutandis  to the 
distribution of the proceeds.  Part V. Duration and Claiming of the Plant Breeder’s Right 
 
Section 51  
The duration of the a plant breeder’s right shall be at least twenty years from the date of registration of 
the plant breeder’s right. The duration shall be est ablished by general administrative order for the 
various species. 
 
Section 52 
1. The holder of a plant breeder’s right may renounce it. 
2. The renunciation of a plant breeder’s right shall be  by deed only; the deed shall be entered in the 
Netherlands Register of Varieties. 3. The deed shall not be entered if there are any persons who, according to documents entered in the 
Register, have obtained rights on the plant breeder ’s right or licences, or  have instituted legal 
proceedings relating to the right, and if those persons have not agreed to the renunciation. 
4. A plant breeder’s right shall lapse as from the da te on which the deed is entered in the Netherlands 
Register of Varieties. 
 
 
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Página 16  
 
 Section 53  
1. A plant breeder’s right shall lapse ipso
 jure  if the annual fee referred to in Section 38 remains 
unpaid six months after it became due. The fact that  the right has lapsed sh all be recorded in the 
Netherlands Register of Varieties. 2. If the fee is not paid within fourteen days of  the date on which the right lapsed, the Board shall 
remind by registered letter the person recorded in the Netherlands Register of Varieties. 
3. If payment is not made within one month after the date on which the right lapsed, all the persons 
who, according to the documents entered in the Ne therlands Register of Varieties, have obtained 
rights on the plant breeder’s right or licences, or have  instituted legal proceedings relating to the right, 
shall be informed of this in writing within fourteen days. 
4. Any claim by interested parties that they neve r received the letters referred to in the preceding 
paragraph shall not be receivable.  
Section 54  
1. A plant breeder’s right shall be declar ed null and void when it is established:  
• that the variety was not new at the time of the grant of the plant breeder’s right; 
• that the condition laid down in subparagraph (a) of  paragraph (1) of Section 29 was not complied 
with at the time of the grant of the plant breeder’s right; 
• that, where the grant of the breeder’s right has been essentially based upon information and 
documents furnished by the breeder, the conditions  laid down in subparagr aphs (b) and (c) of 
paragraph (1) of Section 29, were not complied with  at the time of the grant of the plant breeder’s 
right; 
• that the breeder’s right has been granted to a person who is not entitled to it by or by virtue of this 
Act unless it is transferred to th e person who is so entitled. 
2. Any interested party, Our Minister or any pe rson or persons acting on his behalf may at any time 
submit to the Board a substantiated petition that a plant breeder’ s right be declared null and void. 
3. Annulment of a plant breeder’ s right deprives th e plant breeder’ s right and any rights derived from 
it of any further legal implications.  
Section 55 
1. A plant breeder’s right can be claimed in its entir ety or partly if it was granted to a person who was 
not entitled to it or was not alone entitled to it pursuant to Sections 30, 31 or 32. 
2. The right to claim a plant breeder’s right sha ll accrue to the person who, pursuant to the said 
sections, has a full or partial entitlement to th e pursuant to the plant breeder’s right. 
3. The said right shall lapse five years from the date  on which the plant breeder’s right was registered. 
4. The claim shall be made by submitting a substantiated petition to the Board. 5. Licences obtained in good faith before the entry referred to in paragraph (1) of Section 56 was 
made, shall remain valid in respect of the new holder of the plant breeder’ s right, who shall be 
entitled to the fees payable for the licences.  
Section 56 
1. A request that a plant breeder’s right be declared null and void and a request for the award of a claim, and any refusal or withdrawal of such request s, shall be entered in the Netherlands Register of 
Varieties. 2. As regards the adjudging of the costs, Sections  56 and 57 of the Code of Civil Procedure shall 
apply mutatis mutandis
 as far as possible. 
3. The decision of the Board to declare a plant breed er’s right null and void or to award a claim shall 
be entered in the Netherlands Register of Varieties. 
4. The declaration that a plant breeder’s right is  null and void and the award of a claim shall have 
retroactive effect as from the date of the entry in th e Netherlands Register of Varieties referred to in 
paragraph (1).   IP/N/1/NLD/P/3 
 Página 17 
 
 
 Section 57  
Further provisions shall be made by or by virtue  of a general administrative order with respect to: 
a. the requests and petitions addressed to the Board referred to in this Part; 
b. the fixing of the date on which the requests a nd petitions referred to under (a) shall be deemed to 
have been submitted to the Board; 
c. the hearing of interested parties. 
 Part VI. Decisions of the Board, Appeals to the Board and Appeals to the Court of Justice at the 
Hague 
 
Section 58 (repealed) 
 
Section 59 
1. An appeal against the decisions of the Board made  pursuant to the provisions of this Chapter, with 
the exception of the decisions made pursuant to Sec tions 54 and 55, may be lodged with the Appeals 
Department.  2. The appeal may be lodged by the person informed  of the decision or his predecessor in title, or if 
the decision was made at the request of a person ot her than those referred to, also by the person who 
made the request.  Section 60 
1. An appeal against the final decisions made by  the Board pursuant to Sections 54 and 55 may be 
lodged with to the Court of Justice at the Hague. 2. The appeals to the Court of Justice shall be ma de by writ of summons within three months of the 
date of dispatch of the decision of the Board for Plant Breeders’ Rights. 
3. The writ of summons shall be entered in the Neth erlands Register of Varieties within eight days 
from the date it bears. In the event of the writ of summons not being entered within that period, the 
appellant shall make good the damage suffered by tho se who, after that period and before the entry 
was made, obtained in good faith rights affected by th e declaration that the plant breeder’s right is null 
and void or the award of a claim. 4. When a decision on an action for a declaration that  the plant breeder’s right is null and void or for 
the award of a claim becomes final, or when the ac tion has been discontinued, a note to that effect 
shall be entered in the Netherlands Register of Vari eties at the request of the first party to make the 
request.  
Section 61 
1.When holding its deliberations and passing judgement  the Court of Justice shall be composed of 
three judges and two specialists who are not memb ers of the Judiciary. One of the judges shall 
preside. Judgements passed when the Court is com posed of any other number of persons shall be 
invalid. 2. We shall appoint the persons being referred to in the preceding paragraph who are not members of 
the Judiciary. We shall also appoint as many deputies as We may think fit. They shall be referred to as 
‘advisers’ and ‘deputy advisers’ in the Court of Justice at The Hague. 
3. Persons shall not be eligible for appointment as  advisers in the Court of Justice at The Hague until 
they have reached the age of thirty. 4. The advisers and deputy advisers shall be appoint ed for a period of five years. They shall be 
eligible for re-appointment. They may be discharged by Us at their request. 
5. The advisers and deputy advisers shall be sw orn in before they enter upon their duties. 
6. The advisers and deputy advisers shall be disch arged by Us as from the first day of the month 
following the month in which they reach the age of seventy.  
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Página 18  
 
 Section 62 
(repealed) 
 
Section 63 
1. The provisions of Sections 11, 12 , 13, paragraphs (1) to (4), 13a, 13b, paragraph (1), and 14a to 14e 
of the Act on the Organisation of the Judiciary shall be applicable mutatis mutandis 
to the advisers 
and deputy advisers in the Court of Justice at Th e Hague on the understanding that the High Court 
shall give to the President of the Court of Justi ce the opportunity to give oral or written information 
and to express his opinion on a pending complain t under Section 14a of the said Act, in the case 
where the complaint is directed against an adviser or deputy adviser.  Section 64 
(repealed) 
 
Section 65 
(repealed) 
 
Section 66 
The President of the Court of Justice at The Ha gue shall have the power to admonish, either ex
 officio  
or at the request of the Public Prosecutor’s Office,  advisers and deputy advisers in the Court of Justice 
who act in a manner detrimental to the dignity of th eir office, neglect their official duties or commit a 
breach of the obligations imposed on them under Se ction 67, after having given them an opportunity 
to be heard.  
Section 67 
1. The advisers and deputy advisers in the Court of Ju stice at The Hague shall not, either directly or 
indirectly, engage in any special interview or conver sation, or establish contact with the parties, their 
Counsels, attorneys or proxies, on any matter which th ey are dealing with or which they know or have 
reason to believe will be dealt with by them, nor a ccept any special instructions, memoranda or other 
writings regarding that matter. 2. The advisers and deputy advisers shall not do any consulting on or take up the defence of cases 
which they are dealing with or which they know or have reason to believe will be dealt with by them.  
3. The advisers and deputy advisers shall be pledge d to secrecy as to opinions expressed in chambers. 
4. The advisers and deputy advisers shall not do any consulting on or take up the defence of cases 
which they are dealing with or which they know or  have reason to believe will be dealt with by them. 
 
Section 68  
1. Regulations governing the implementation of the pr ovisions of this Part shall be laid down by 
general administrative order. 2. The travel and accommodation expenses incurred by  advisers and deputy advisers in the Court of 
Justice at The Hague shall be reimbursed and th ey shall be entitled to further compensation in 
accordance with rules to be laid dow n by general administrative order. 
 Section 69  
1. An appeal against the decisions of the Court of  Justice may be lodged with the Supreme Court of 
the Netherlands. 2. Paragraphs (2), (3) and (4) of Sec tion 60 shall be applied mutatis mutandis
. 
 Section 70 
Copies of every judicial ruling on plant breeder’s ri ghts shall be sent within one month of the date of 
the ruling and free of charge to the Board by th e Clerk of the tribunal which gave the ruling. 
   IP/N/1/NLD/P/3 
 Página 19 
 
 
 Part VII. Making and Publishing the Registrations and Entries in the Netherlands Register of Varieties 
Section 71 
The registrations referred to in this Chapter and the entries based on decisions against which an appeal 
may be lodged, shall be made when a decision has been taken on the appeal or if the time limit for an appeal has expired without the appeal having been lodged, or if the appeal has been withdrawn by 
means of a written notification to that effect addressed to the Board. 
 
Section 72 
Notice on the following shall be published in the Nederlandse Staatscourant:
 
a. the registrations referred to in this Chapter, ex cept the registrations made pursuant to paragraph (4) 
of Section 43, paragraph (3) of Secti on 44 and paragraph (3) of Section 46; 
b. the entries made pursuant to Sections 36, 37, para graph (1) of Section 53, paragraphs (1) and (3) of 
Section 56 and paragraph (4) of Section 60.  
Chapter V. Lists of Varieties 
 
Section 73 
A List of Varieties shall be kept for the cultiv ated species or groups of cultivated species to be 
designated by Us, in which shall be entered the va rieties and other groups of plants which belong to 
those cultivated species and whose growing in the Ne therlands is deemed important by a committee to 
be set up by Us or by an institution to be designated by Us. 
 
Section 74  
The characteristics and other particulars which in  the committee’s or ins titution’s view should be 
made generally available shall be entered when the varieties and the other groups of plants are put on 
the List of Varieties. 
 
Section 75 
1. Entry on the List of Varieties, classification in the List, modification of the classification and 
removal from the List shall be carried out by the committee or the institution ex
 officio , subject to the 
provisions of Section 76. 2. Before making any entry, classifying, modify ing any classification or removing any entry from the 
List of Varieties, the committee or the institution sha ll carry out an expert’s examination or have such 
an examination carried out. 3. The committee or institution shall not make any entry on the List of Varieties, transfer any entry to 
the ‘for export only’ class or remove any entry from the List before it has heard, or at least duly 
summoned, the holder of the plant breeder’s right, the authorised maintainer or the breeder of a 
variety registered by virtue of paragraph (2) of Section 18. 
 
Section 76 
1. The holder of the plant breeder’s right in respect of a variety and the breeder of a variety registered 
by virtue of paragraph (2) of Section 18, may submit a substantiated request to the committee or 
institution that his variety be put on the List of Varieties. 
2. If a variety of an agricultural species has been put in the ‘for export only’ class, the holder of the 
plant breeder’s right, the authorised maintainer or the breeder of a variety registered by virtue of 
paragraph (2) of Section 18 may, within three months  of the date of publication of the edition of the 
List of Varieties concerned, submit to the committ ee a substantiated request that the classification of 
the variety be modified. 
3. Before deciding on a request as referred to in paragraphs (1) and (2) the committee or institution 
shall carry out an expert’s examination or  have such an examination carried out. 
4. The committee or institution shall not refuse a request  before it has heard the petitioner, or at least 
duly summoned him.  IP/N/1/NLD/P/3 
Página 20  
 
 Section 77 
(repealed) 
 
Section 78 
1. Any person who has received a communication as re ferred to in Section 75,  paragraph (1) and 76, 
paragraphs (1) and (2) may address a s ubstantiated petition to our Minister. 
2. Our Minister shall decide whether any modifications  and, if so, what modifications shall be made to 
the List of Varieties in the light of the petition addressed to him. 3. Our Minister can have modifications made to the List of Varieties ex
 officio . 
 Section 79  
Our Minister may make further provisions governin g the arrangement, composition, classification and 
publication of a list of varieties, in respect of the particulars referred to in  Section 74, and governing 
the submission of requests as referred to in Secti ons 76 and 77 and petitions as referred to in Section 
78, the examinations and the publication of the results of examinations. 
 
Chapter VI. Trade in Propagating Material and Testing Institutions 
Part I. Trade in Propagating Material 
 
Section 80 
1. Without prejudice to the right to use a trade name  or trademark, propagating material of a variety 
entered in the Netherlands Register of Vari eties shall not be out on the market, further 
commercialised, and, subject to the provisions of paragraphs (2) and (3), exported otherwise than 
under the denomination entered in the Register. 2. If, in any other country, a name different from the one registered in this country is prescribed for a 
variety, propagating material of that variety may only be exported to that country under the 
denomination prescribed there. 
3. Unless paragraph (2) of this Section is applicab le, propagating material of a registered variety may 
be exported to States other than Member States of the Union under the denomination customarily used 
in the country of importation, provided the denominat ion registered in this country is also stated. 
4. The registered denomination or a similar term sh all not be used for other propagating material from 
the same or a related cultivated species. 
 
Section 81 
1. In the case of agricultural species, only propagating material of registered varieties shall be put on 
the market, further commercialised and exported. 2. It may be provided by general administrative or der that the preceding para graph shall not apply to 
certain agricultural species. 
3. It may be provided by general administrative or der that, in the case of horticultural species, only 
propagating material of registered varieties sha ll be put on the market, further commercialised and 
exported.  
Section 82  
Our Minister may, after having heard the committee or institution referred to in Section 73, decree 
that notwithstanding the provisions of, or made by virtue of, Section 81, propagating material of 
groups of plants to be specified by him that are not registered, may also be put on the market, further commercialised and exported.   Section 83 
1. It may be provided by general administrative or der that in the case of an agricultural species to 
which paragraph (1) of Section 81 applies, only prop agating material of varieties or other groups of 
plants put on the List of Varieties shall be put on  the market, further commercialised and exported.   IP/N/1/NLD/P/3 
 Página 21 
 
 
 2. Our Minister shall make further provisions governing the putting on the market and further 
commercialisation of the propagating ma terial of varieties or other groups  of plants entered in the ‘for 
export only’ class.  
Section 84 
1. It shall be specified by or by virtue of a general administrative order what categories of propagating 
material of varieties belonging to an agricultural species designated by virtue of Section 87 may be 
put on the market, further commercialised and exported.  2. For technical, plant breeding reasons it may be prov ided by general administrative order that, in the 
case of species specified in that order and of the kind  referred to in paragraph (1), some categories of 
propagating material of varieties belonging to t hose species and specified in that order shall be 
produced and put on the market exclusively by the hold er of the plant breeder’s right in respect of the 
variety concerned or, if there is no plant breeder’s ri ght in respect of that variety, by the maintainers 
designated for the variety. 3. The maintainers shall be designated by the Board.  The Board shall designate a single maintainer if 
this is necessary for technical, plant breeding reas ons. The latter shall be obliged to make foundation 
stock suitable for the production of propagating ma terial available to any person who has expressed a 
wish to receive it, on terms and conditions to be specified by the Board.  
Section 85 
Propagating material of a variety registered by virt ue of paragraph (2) of Section 18 shall be put on 
the market, further commercialised and exported only by the breeder of the variety and by any person 
who has obtained from the breeder foundation st ock suitable for the production of propagating 
material..  
Section 86 
Propagating material of a group of plants that may not be put on the market pursuant to the provisions 
of the preceding Sections may nevertheless be put on the market and exported for purposes of testing 
by or on behalf of the person who, by his own effo rts, has developed the group of plants to which the 
propagating material belongs, provided that the tes ting institution designated by virtue of Section 87 
has given permission.  
Part II. Testing Institutions 
 
Section 87 
1.It may be provided by general administrative order,  with respect to a cultivated species, that only the 
persons who are members of a testing institution d esignated for that cultivated species in the general 
administrative order shall be authorised to enga ge in the production, storage and processing of 
propagating material for business purposes other than  use on those persons’ own premises, and in the 
putting on the market, further commercialisation, importation, exportation and offering for export of 
that material, or to have these ac tivities performed for business purposes. 
2. It may be provided by the general administrativ e order referred to in the preceding paragraph that 
for the purposes of that order seed not intended to be  sown for the production of a crop shall also be 
regarded as propagating material. 
3. Our Minister shall have the power to grant dispensation or exemption from the provisions of 
paragraph (1) in such cases or groups of cases as he may determine. 
 
Section 88 
The following shall be required of an institution to  be taken into consideration for designation as a 
testing institution pursuant to the preceding Section: 1. the institution shall, according to its statute:  IP/N/1/NLD/P/3 
Página 22  
 
 a) have been set up to promote by means of tests the putting on the market, further 
commercialisation and exportation of  reliable propagating material; 
b) be non-profit-making; 
c) have a board on which the interested parties or the groups of interested parties are 
adequately represented; 
2. the statute of the institution shall provide that: 
a) the statute and the generally applicable rules,  and any amendments to them and the repeal 
thereof, shall require Our Minister’s approval before becoming operative; 
b) the chairman of the Board shall be appointed by Our Minister, after having heard the views 
of the Board of the testing institution; 
c) any person shall be admitted as a member upon application; 
d) if a member does not comply with any of th e obligations imposed by the statute or the 
generally applicable rules referred to under (a ), one or more of the following disciplinary 
measures may be imposed: a reprimand, a fi ne not exceeding ten thousand guilders, the 
placing of the member under more stringent supervision for a period not exceeding two 
years at his own expense, the disciplinary order being published; if, during the five years 
immediately preceding the non-compliance with any of the obligations referred to above, a member was either put under more stringent supervision at his own expense or was fined 
twice, he may be suspended from membership  for a period not exceeding three years; 
e) members shall have the right to appeal to an  Appeals Tribunal against any decisions other 
than those referred to in (g), taken by any of the organs of the testing institution within one 
month of the announcement of the decision; the composition of and the procedure 
followed by the Appeals Tribunal shall be la id down in regulations governing appeals; 
generally applicable rules shall not be regarded as decisions; 
f) Our Minister shall appoint the Chairman, th e members and the Secretary of the Appeals 
Tribunal; 
g) the members shall have the right to appeal to an Appeals Commission on Testing Matters 
against decisions taken in connection with testing; 
h) the testing institution shall submit to Government  supervision carried out on behalf of Our 
Minister in accordance with rules to be laid down by him, and shall undertake to furnish all 
relevant information and co-operate in ev ery possible manner to ensure that such 
supervision be effective; 
i) the Government officers who have to carry out the supervision shall have the right to 
attend the meetings of the Board and of the Executive Committee, and shall always receive 
invitations to those meetings togeth er with all the relevant documents. 
 
Section 89 
1. The testing institution shall be s upervised on behalf of our Minister  in accordance with rules to be 
laid down by him. It shall be obliged to furnish a ll relevant information and to co-operate in every 
possible manner to ensure that su ch supervision be effective. 
2. The testing institution shall supply annually the hol der of a plant breeder’s right in respect of a 
variety of an agricultural species, at his requ est, with a list of members who have produced 
propagating material of his variety, stating the quant ities concerned, and shall, if so requested, assist 
him in collecting the licence fees. 
 
Section 90 
1. The Appeals Tribunal referred to in subparagrap h (e) of paragraph 2 of Section 88 shall have 
absolute discretion when judging the decisions referred  to in that Section taken by any of the organs 
of the testing institution. 
2. Judgements of the Appeals Tribunal shall have the force of binding recommendations. 
 
  IP/N/1/NLD/P/3 
 Página 23 
 
 
 Section 91 
1. Without prejudice to the powers of the production and industrial boards as re ferred to in paragraph 
(4) of Section 66 of the Industrial Organisation Act the testing institution shall have the authority to 
lay down rules with respect to the cultivated species for which it has been designated governing: 
a) the health, purity and quality of the propagating material; 
b) the grading, classification, treatment, packing, sh ipping and description of the propagating material 
in so far as those factors affect any of the aspects mentioned in (a); 
c) the use of the documents and distinguishing mark s relating to the propagating material which are 
required for one or more of the activities re ferred to in paragraph (1) of Section 87; 
d) the technical set-up and the management of the business, and also the technical aspects of 
conducting it; 
e) the checking of the observance of the rules concerning the matters referred to in (a), (b), (c) and (d) 
and the testing of the propagating material;. 
2. In so far as the rules concerning the matters referred  to in (a), (b), (c) and (d) relate to exports, Our 
Minister may decree that the checking of their obser vance shall be entrusted to an authority to be 
designated by him. 3. Our Minister may quash the rules laid down by the testing institution concerning the matters 
referred to in (a), (b), (c). 4. If no testing institution has been designated or if  an institution cannot provide the rules of the kind 
described in paragraph (1) or cannot provide all of them, such rules may be provided by or by virtue 
of a general administrative order. 5. A general administrative order issued in the ci rcumstance referred to in paragraph (4) shall be 
repealed in so far as the testing institution designa ted by virtue of Section 87 has made the necessary 
rules and these rules have been approved by Our Minister. 
6. The decree referred to in paragraph (2) sha ll be published in the Nederlandse Staatscourant
.  
 
Section 92 
1. The testing institution shall forbid a member  to commercialise propagating material and shall 
prohibit trade in that material if it finds that the material does not belong to the group of plants the member claimed it belonged to when he offered it, or that it does not comply with the rules made by 
virtue of Section 91. 
2. In such special cases or groups of cases as he may specify Our Minister may grant dispensation or 
exemption from the rules made by virtue of Section 91, either on conditions to be specified by him, or not. 3. If it is evident from a member’s method and the results it produces that the production, storage and 
processing of the propagating material are not being carried out with sufficient adequacy, the testing 
institution may defer the testing of that member ’s propagating material for a period not exceeding 
three years, as often as is necessary.  
Section 93 
Our Minister shall determine the distinguishing marks, signs, pieces of evidence and seals to be 
prescribed under this Act. 
 
Chapter VII. 
 
Section 94  
(repealed) 
 
    IP/N/1/NLD/P/3 
Página 24  
 
 Chapter VIII. Penal Provisions 
 
Section 95 
1. If the findings in a civil or criminal case depe nd on the determination of the variety to which a 
group of plants must be deemed to belong, the Boar d shall be heard. The Board’s advice shall give the 
grounds on which it is made. 
2. The Board shall give absolute priority to the matter referred to in paragraph (1). 
 
Section 96 
1. Any person intentionally acting in contravention of the provisions made by or by virtue of Sections 
40, 41, paragraph (1), 41a, 41b, 80, 81, 83-85, 87 a nd 91, paragraph (4), Artic le 13, paragraph (2), 
Article 17, paragraphs (1) and (2) and Article 18, paragraph (3 ) of Council Regulation (EC) No 
2100/94 of 27 July 1994 on Community plant variety rights (OJ No L 227) shall be guilty of a criminal offence. 2. Any person acting in contravention of the provi sions made by or by virtue of Sections 40, 41, 
paragraph (1), 41a, 41b, 80, 81, 83-85, 87 and 91, para graph (4), Article 13, paragraph (2), Article 17, 
paragraphs (1) and (2) and Article 18, paragra ph (3) of Council Regulation (EC) No 2100/94 of 27 
July 1994 on Community plant variety rights (OJ No L 227) shall be guilty of an offence. 
 
Section 97 
Amended in other regulations.  
 
Section 98 
In the event of non-compliance with an obligation as referred to in subparagr aph (d) of paragraph (2) 
of Section 88 resulting in an economic offence as well, the Public Prosecutor shall, after having 
consulted the testing institution, decide whether or not disciplinary action shall be taken by the testing 
institution in respect of the offence. 
 
Chapter IX. Transitional and Final Provisions 
 
Section 99 
1. The contents of the Central Register of Varieties referred to in Section 2 of the Plant Breeder’s Ordinance, 1941, at the time of the entry into force of this Act, shall as from that date be absorbed ex
 
officio  by the Netherlands Register of Varieties. Plant breeders’ rights obtained by entry in the Central 
Register of Varieties and any plant breeders’ rights valid  at the time of the entry into force of this Act, 
shall remain effective, on the understanding that, not withstanding the provisions of paragraph (3) of 
Section 37, those plant breeders’ rights shall be date d as from the date of entry of the variety in the 
Central Register of Varieties and that, notwithstandi ng the provisions Section 51, the validity of these 
rights shall be twenty-five years,  and for roses seventeen years. 
2. The provisions of Section 7, paragraph (2), item 2e, 40 to 44 and 46 of the Plant Breeder’s 
Ordinance, 1941, shall remain applicable to varieti es to which the provisions of Section 7, paragraph 
(2), item 2e , or Section 46 of that Decree were applicable  at the time of the entry into force of this 
Act, notwithstanding the provisions made by or by virtue of this Act, until July 1st of the year 
following the year in which this Act enters into for ce or until such later date as shall be specified by 
general administrative order. Our Minister shall en sure that at the time when the aforementioned 
Sections of the Plant Breeder’s Ordinance, 1941, cease to be applicable to any variety of potato which 
had been recorded in the Central Register of Varieti es for five years or more at the time of the entry 
into force of this Act, licenses shall become operative for that variety, by virtue of a public offer made 
in the manner described in Section 45, for the rema inder of the validity of the plant breeder’s right. 
3. The lists of varieties drawn up by virtue of Section 31 of the Plant Breeder’s Ordinance, 1941, at the time of the entry into force of this Act, shall as from that date be deemed to be lists of varieties 
within the meaning of Section 73.  IP/N/1/NLD/P/3 
 Página 25 
 
 
 4. The applications and requests pending at the time of the entry into force of this Act before the 
Board for Plant Breeder’s Rights referred to in Section 6 of the Plant Breeder’s Ordinance, 1941, 
shall, as from that date, be ipso  jure  before the Board in the state in which they are at the time, 
provided that: a. an application for registration in the Central Re gister of Varieties shall be deemed to be an 
application for a plant breeder’s right, and 
b. an application relating to a variety as referred to in paragraph (2) of Section 18 shall be deemed to 
be an application for registration of the variety in the Netherlands Register of Varieties, and 
c. a request for the transfer of a registration in th e Netherlands Register of Varieties shall be deemed 
to be tantamount to a claim to a plant breeder’s right within the meaning of Section 55. 
The Board shall ensure that the n ecessary entries are made in the Netherlands Register of Varieties. 
5. The cases pending at the time of entry into force of this Act be fore the Plant Breeders’ Rights 
Appeals Tribunal referred to in Section 23 of th e Plant Breeder’s Ordinance, 1941, shall be ipso
 jure 
before the Appeals Department in the state in which they are at the time. The Board shall ensure that 
the necessary entries are made in the Netherlands Register of Varieties. 
6. The cases pending at the time of entry into force of this Act befo re the Appeals Tribunal, the Court 
of Justice at The Hague or the Supreme Court pursuan t to Sections 23, 24 or 28 of the Plant Breeder’s 
Ordinance, 1941, shall be dealt with and decided on in accordance with the provisions of the Plant 
Breeder’s Ordinance, 1941. 7. The provisions of paragraph (1) of Section 81 sh all not apply to varieties appearing on a list of 
varieties at the time of the entry into force of this Act: 
a. if, at that time, an application as referred to in subparagraph (a) or subpa ragraph (b) of paragraph 
(4) is pending with respect to the variety, until such  time as the Board has decided on the application; 
b. until one month after the entry into force of this Ac t, or if within that month an application has been 
received for a plant breeder’s right or for registra tion in the Netherlands Register of Varieties under 
paragraph (2) of Section 18, until such time as the Board has decided on the application. 
 
Section 100  
Amended in other regulations.  
 
Section 101 
1. The following regulations made by the Ge rman occupation authorities shall be cancelled: 
a. The Plant Breeders Ordinance, 1941, Verordeningenblad
 1942, 8; 
b. the order of the Secretary-General of the Agricu lture and Fisheries Department of June 24, 1942, 
concerning the entry into force of the Plant Breeders Ordinance, 1941, Staatscourant  1942, 120. 
2. The following Acts shall be repealed: a. The Horticultural Seeds and Planting Material Testing Act; 
b. the Act of December 31, 1920, Stb
, 957. 
 
Section 102  
1. This Act may be cited as the Seeds and Planting Materials Act. 
2. It shall enter into force on a date to be specified by Us.  IP/N/1/NLD/P/3 
Página 26  
 
 We direct and ordain that these presents be published in the Staatsblad
 and that all Ministerial 
Departments, Authorities, Bodies and Officials whom they may concern diligently implement them.  Given at the Palace of Soestdijk, 6 October 1966.  
JULIANA. 
 The Minister of Agriculture and Fisheries,  B.W. BIESHEUVEL. 
 
The Minister of Justice,  SAMKALDEN.  
Published 10 November 1966. 
 The Minister of Justice,  SAMKALDEN.  
__________