Exceptions to plant breeders’ rights and patent rights in the Netherlands

In the Netherlands, farmers have the right to save, use, exchange and sell of varieties not falling under the protection of plant breeders’ rights or patent rights. Though, these seeds need to comply with quality standards as defined in the national seed law, in accordance with the European Seed Marketing Directive. Regarding varieties protected by plant breeders’ rights or patent rights, the farm-saved seeds exemption applies. For plant varieties protected by national plant breeders’ rights, exemptions are regulated by the Dutch Seed Law (Zaaizaad- en plantgoedwet, 2005). For plant varieties protected by European plant breeders’ rights, exceptions are regulated by Regulation (EC) 2100/94 on Community plant variety rights. For plant varieties falling under a patent (Directive 98/44/EC on the legal protection of biotechnological inventions), the same provision applies. Based on these exemptions, farmers in the Netherlands can use farm-saved seeds of protected varieties of a number of agricultural crop species (e.g. cereals and potatoes) on their own farm against the payment of a remuneration to the holder of a plant breeders’ right, but are not allowed to market farm-saved seeds of protected varieties.