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See also information on the AGES website on varieties
Please contact us by e-mail regarding plant variety protection and the register examination at email@example.com or regarding the variety approval at firstname.lastname@example.org or by telephone +43(0)5 0555-34901.
Plant Variety Protection and Register Examination
In the case of new plant varieties, plant variety protection gives an exclusive right to the production and distribution of propagating material. More information on this can be found on the website of the Federal Office for Food Security, Plant Variety Protection and the Austrian Register of Plant Variety Protection at: http://www.baes.gv.at/pflanzensorten/sortenschutz and http://www.baes.gv.at/pflanzensorten/oesterreichisches-sortenschutzregister/ respectively.
For more information, please see the website of the Federal Office for Food Security, Austrian Register of Plant Variety Protection at: https://www.baes.gv.at/en/admission/plant-varieties/austrian-register-of-plant-variety-protection/
Plant variety protection is justified by registration in the register of plant variety protection. This is managed by the Federal Office for Food Security and has national validity. European Plant Variety Protection matters are regulated by the competent Office of the European Union, the Community Plant Variety Office (CPVO) based in Angers, France. (http://www.cpvo.europa.eu) Further information about requirements and application documents can be found here: http://www.baes.gv.at/pflanzensorten/sortenschutz/ or http://www.baes.gv.at/formulare/saatgutgesetz/sortenzulassung/
A completed register examination is a prerequisite both for the acceptance of varieties and for the granting of plant variety protection. The register examination tests a variety for distinctness, uniformity and stability. In order to be granted plant variety protection, the novelty of a variety and a registrable variety denomination are also basic requirements.
See also fee rates of the Federal Office for Food Security.
You can find it here on the website of the Federal Office for Food Safety (BAES) on the sub page Registration of Plant Varieties.
In Austria, all varieties of agricultural species listed in the Austrian Variety List are approved for cultivation. For these varieties, there are available extensive multi-year domestic results of Austrian VCU testing sites, which enable sustainable environmentally friendly production. Basically in Austria the cultivation of other varieties of species listed in the EU Variety Catalogue is possible. However, it should be noted that due to the lack of official results from national VCU testing, there is a significantly higher cultivation risk for farmers.
No, an EU variety listing for agricultural varieties is only possible via a national variety listing in an EU member state, because this also requires a VCU testing.
Basically, GMO varieties may not be cultivated in Austria (Genetic Engineering Cultivation Prohibition Framework Act). Seeds of certain species (e.g. maize, rape, soya bean) are representatively tested for contamination/safety in the variety registration procedure according to the Seed Genetic Directive.
In the course of the national variety registration testing, the national cultural value of new varieties is determined as a prerequisite for registration according to the Seed Act 1997, whereby agronomic criteria, yield, diverse quality parameters for the processing industry and resistance properties are evaluated for the most sustainable and environmentally friendly production of these varieties.
Five requirements are necessary for varieties of agricultural plant species:
- National value of cultivation and use and
- a registerable variety denomination.
In the case of conservation varieties and vegetables, the requirement of VCU Testing does not apply.
The application and seed sending dates depend on the seasonality of the respective crop type and can be viewed here. In addition, previous applicants will be informed about the relevant dates for each crop type by means of the respective seed order.
The Distinctness, Uniformity and Stability (DUS) testing is a prerequisite for both variety registration and the granting of plant variety protection. The DUS procedure tests a variety for its distinctness, uniformity and stability. In addition, the novelty of a variety and a registrable variety denomination are basic requirements for the granting of the plant variety protection.
The VCU testing should be carried out under conditions that are as close to practice as possible. Therefore, the test locations follow the cultivation area of the crop.
The reference assortment should reflect breeding progress, offer sufficient genetic variation in the variety characteristics and include varieties that are important in practice.
The costs for the variety registration test consist of the application fee, the crop-specific DUS testing fee, the crop-specific VCU testing fee and the fee for the testing report. In general, the DUS testing lasts two years, the VCU testing two or three years, depending on the type of crop. The fees for VCU and DUS testing are to be paid annually.
These fee rates can be found in the list of the Plant Variety Order Fees.