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Use of a third country synonym for a vegetable variety

About a third country synonym

A third country synonym is a Naktuinbouw registered synonym for a vegetable variety used for delivery outside the Eurpean Union. This vegetable variety has either been submitted as an application for listing in a European member state or has been listed within the European Union. Naktuinbouw test a third country synonym on the usual conditions as for an application for listing to market within the European Union.  We do this to prevent sprawling.

The basis for filing third country synonyms can be found in the Inspection Regulations, article 14. It follows from this article that all propagation material intended for export must comply equally with all European requirements. Companies may deviate from this. Provided that the material complies with the requirements of the third country and that it has been reported to Naktuinbouw.

Naktuinbouw implements the reporting obligation with the overview of third country synonyms. In addition, inclusion in the overview ensures that the name of a vegetable variety is known to Naktuinbouw. This prevents another company from trying to get a variety under the same name on the European common catalogue. In such a case, we can alert companies to this.

plant with mini peppers

Conditions for using a third country synonym:

  1. A company fills in the third country synonym application form to apply for a third country synonym specifying the intended third country or marketing area.
  2. A company doesn't have to be a maintainer of the vegetable variety, provided that the company has obtained the (basic) seed of the relevant vegetable variety in a regulatory manner.
  3. The vegetable variety has either been submitted as an application for listing in a European member state or has been listed within the European Union.
  4. Use of a third country synonym is not possible if it is in application for the Internal Naktuinbouw list or already registered on that list.
  5. Varieties for which a Plant Breeders' Right application is pending or has been granted in a UPOV country are excluded for a third country synonym in all UPOV countries; unless the UPOV variety name may not be used in the UPOV country to which it is marketed.
  6. Per third country only one third country synonym will be accepted per company.
  7. A third country synonym complies with the European regulations for variety denominations as they apply for an application to listing in the European Union. If a variety denomination is not acceptable, this variety denomination may still be accepted under conditions to be determined by Naktuinbouw.
  8. Naktuinbouw will inform the maintainer(s) if there is an application for a third country synonym. Only if the application does not come from the maintainer. If the maintainer sees objections, they can inform Naktuinbouw. The objection must then be based on the conditions mentioned above.

Frequently asked questions (FAQ)

Where can I find the fee per third country synonym?

Variety Testing processes the requests for third country synonyms. You can find the fee per third country synonym here.

How to apply for a third country synonym?

Applying for a third country synonym can be done by sending a third country synonym application form via e-mail. Naktuinbouw will make sure that applications will be registered strictly confidential. A third country synonym will be checked and processed administratively. If you wish, we will issue a declaration.