Ownership and use of DUS samples during and after the DUS tests. Kees van Ettekoven Naktuinbouw Variety Department

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1 Ownership and use of DUS samples during and after the DUS tests Kees van Ettekoven Naktuinbouw Variety Department

2 Opening and welcome Aim of the meeting is to get a common picture of the playing field Form; presentations and dialogue Explanation webinar arrangements

3 Program The role of the DUS sample during and after the DUS test (Kees van Ettekoven) The UPOV position on the use of molecular (DNA) techniques in the DUS process and the use of DNA techniques in the DUS procedure and in case of suspicion on infringement at Naktuinbouw. (Hedwich Teunissen) The use of DNA and DNA data (Kees van Ettekoven) The importance of DNA techniques and availability of reference material in the fight against infringement on Plant Breeders Rights. (Casper van Kempen)

4 The DUS sample UPOV 91; art 12: Examination of the application. For the purposes of examination, the authority may require the breeder to furnish all the necessary information, documents or material. CPVO Policy on the status of plant material used for DUS testing purposes ( 12/CPVO_Policy_on_the_Status_of_Plant_Material_Used _for_dus_testing_purposes.pdf) Netherlands; Desire to create clarity for the breeders and testing authority on the do s and dont s around the use of DUS samples and its derivatives.

5 CPVO policy The CPVO would urge examination offices to follow the same principles when testing varieties for purposes other than in the framework of Community Plant Variety Right applications. 1. What should an EU Network Office do with plant material if the application is withdrawn or if it is rejected? 1.1 The EU Network Office should either destroy or send back the material to the applicant. 1.2 If the variety is of common knowledge, the EU Network Office may keep the material in its reference collection

6 CPVO policy 2. May an EU Network Office send material 2.1) To an EU Network Office On request the EU Network Office should send material to another EU Network Office entrusted for the same species If the sample consists of parent lines or would disclose information on hybrid formulas, the EU Network Office should inform the person entitled that the material has been sent to another EU Network Office The EU Network Office shall not use subsamples received from another EU Network Office for any other purposes than for DUS tests.

7 CPVO policy 2.2) To an Other Examination Office The EU Network Office may send material to an Other Examination Office only if consent has been obtained from the person entitled. However, if the variety is being sold on the market, consent from the person entitled is not required 3. What may the EU Examination Office do with material after the variety has been granted a Community pvr? 3.1 If the EU Network Office does not keep a living reference collection the material shall be destroyed or sent back to the applicant. 3.2 If the EU Network Office keeps a living reference collection the material should be kept by the EU Network Office.

8 CPVO policy 3.3 If the material is kept, the EU Network Office may, on request, transfer material to another EU Network Office or to an Other Examination Office on the same conditions as provided for in Section 2 above. 4. After the Community Plant Variety Expires 4.1 Material kept in a reference collection should be kept upon expiry of a Community plant variety right.

9 Netherlands took over CPVO policy for National applications PBR and listing DUS sample used for DUS test itself, as standard material in living reference collections, exchanged under the CPVO provisions, as comparing sample for other DUS applications. Agric. and Vegs. also exchanged with certifying agencies After test or expiry material as a standard is destroyed unless breeder asked it back. Items; - suggestion to always inform the title holder/maintainer when material is exchanged - is use as standard in infringement cases considered in the DUS procedure? - possible link with genebank after expiry. - principles known by applicants and all receiving agencies?

10 General statement Applicant/breeder is owner of the sample (also during the DUS procedure) Board for Plant Variety Rights may use the sample for D.U.S. Purposes Naktuinbouw as Examination Office keeps the sample.

11 Derivatives of DUS samples On the basis of the DUS samples a variety description is made and during the DUS process photographs are taken. In the Nederlands these varietal descriptions and photo s belong in the public domian Since 2009 all National variety descriptions and photo s are published on the Naktuinbouw website. Exception: descriptions of parent lines if these themselves are not the subject of protection or listing (e.g. maize hybrids) Items: - principles known by applicants?

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