New version Explanatory Notes on Essentially Derived Varieties
After four years of debate, the UPOV Council, adopted the new Explanatory Notes on Essentially Derived Varieties (EDV). These new notes replaced the version of 2017. In general terms, it can be said that the “umbrella” or scope of protection of the right of the initial variety has been increased.
New version Explanatory Notes on Essentially Derived Varieties
The new Explanatory Notes provide clarification regarding the following subjects:
- Mutants are per se predominantly derived from the initial variety. This concerns both natural mutants and genetically modified mutants.
- There is no maximum number of differences in characteristics between the initial variety and those of the EDV, which have arisen as a result of plantbreeding.
- If there is a new characteristic resulting from the breeding of the (initial) variety, this can also be a "substantial/essential characteristic". This means that if a essentially derived variety differs from the initial variety in 1 or more important characteristics (e.g., a valuable resistance), this essentially derived variety does not fall outside the scope of the initial variety.
International Seed Federation (ISF) - New Explanatory Notes EDV
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Fees 2026
The fees of the Board for Plant Varieties are set annually by the Minister of Agriculture, Fisheries, Food Security and Nature. The fee proposals are jointly prepared by Naktuinbouw and the Board for Plant Varieties. This announcement concerns the proposed application fees for plant breeders’ rights, variety registration, and DUS testing for 2026.
Fee indexation compared to 2025
• Average indexation: 6% increase on all 2025 fees.
Explanation on the indexation
Naktuinbouw adjusts wage and personnel costs annually based on the average of three collective labor agreements within the sector: Open Cultivation, Greenhouse Horticulture, and Garden Seeds.
For 2026, a wage indexation of 5% is assumed, partly based on recent collective labor agreement developments.
In addition, periodic scale increases are included, bringing the total increase in wage costs to 6%.
This adjustment ensures that Naktuinbouw remains in line with the market and that personnel costs are managed in a transparent and responsible manner.
Online application fee, also the same for all sectors in 2026
- New fee proposal: a single online application fee of €354 for all sectors, as virtually all national applications are submitted online.
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Gazette of the Board for plant varieties September 2025
The Gazette is the government publication sheet. The new Gazette is published every month.
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Gazette of the Board for plant varieties August 2025
The Gazette is the government publication sheet. The new Gazette is published every month.