Frequently Asked Questions (FAQ) Plant Varieties

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Please contact us by e-mail regarding plant variety protection and the register examination at saatgut@baes.gv.at or regarding the variety approval at sortenwesen@baes.gv.at 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: http://www.baes.gv.at/pflanzensorten/zulassung/registerpruefung/

Variety Approval

These can be found here on the website of the Federal Office for Food Security, approval of plant varieties.

In Austria, all varieties of agricultural species listed in the Austrian List of Varieties (see https://www.baes.gv.at/zulassung/pflanzensorten/oesterreichische-sortenliste/) are accepted for cultivation. For these varieties there are also extensive domestic results from Austrian test sites that have been available for several years (see Austrian Descriptive List of Varieties https://bsl.baes.gv.at/, which enable sustainable, environmentally friendly production. The cultivation of other varieties of these species listed in the EU catalogue of varieties would in principle be possible in Austria. However, it must be pointed out that due to the lack of official results from domestic trials, there is a significantly higher cultivation risk for farmers.

No, a direct listing of varieties for agricultural varieties is only possible via a national listing in an EU member state, because a value check is also necessary for this.

In Austria, GMO varieties may definitely not be cultivated. Seeds of certain species (e.g. maize, rape, soya beans) are examined representatively for impurities and harmlessness in the variety approval procedure according to the Seed Gene Technology Ordinance (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetznummer=20001731 ).

In the course of the national variety approval test, the Landeskulturelle Wert of new varieties according to the Seed Act 1997 (http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetznummer=10011033) is determined as a prerequisite for approval, whereby agronomic criteria, yield, various quality parameters for the processing industry and resistance properties for the most sustainable and environmentally friendly production of these varieties are evaluated.

For varieties of agricultural plant species, five conditions are normally necessary: Distinctness

  • homogeneity
  • stability
  • National cultural value and
  • A registrable variety denomination

In the case of conservation varieties and vegetables, the requirement of agricultural value does not apply.

The registration and seed submission dates depend on the seasonality of the respective crop species and, depending on the crop species, are announced to the previous applicants at an early stage with the respective pending seed order.

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: http://www.baes.gv.at/pflanzensorten/zulassung/registerpruefung/

The variety value test should be carried out under conditions that are as practical as possible. The test sites therefore follow the growing area of the crop in question. The comparative assortment should reflect breeding progress, provide sufficient genetic variation in variety characteristics and include important varieties in practice.

The variety acceptance examination consists of the application fee, the register examination (see there), the culture type specific two to three year value examination and the test report.

These can be found in the variety regulation fee tariff .

Please contact us by e-mail regarding plant variety protection at saatgut@baes.gv.at or regarding plant variety approval at sortenwesen@baes.gv.at or by telephone at +43(0)5 0555-34901.

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