Regi­stration of new plant varieties and plant breeder's rights

In order for seed of a parti­cular variety to be certified and marketed, it must be included in a list of plant varieties. Require­ments differ for different varieties of vegetables and agri­cultural plants, amateur varieties, conser­vation varieties and varieties of fruit­plants. You can register varieties in our e-service. You can also apply for plant breeder's rights for new varieties.

What is a list of plant varieties?

A list of plant varieties is the official list of the varieties of vegetables, agri­cultural plants and fruit­plants that may be marketed. The list of varieties also indicates under the name which the varieties may be marketed. There is a list of varieties for every EU Member State.

EU’s lists of plant varieties

EU’s common list of plant varieties is a compilation of all the EU Member States’ lists of plant varieties for agri­cultural plants and vege­tables. The common lists of plant varieties are contained in a database.

There is a corre­sponding list of varieties for fruit and berries, FRUMATIS.

Varieties which may be included in a list of varieties

Varieties in a list of varieties belong to one of the species covered by EU legislation for marketing of seeds of agri­cultural plants, vegetables and fruits.

The species that are regulated in the legislation for seed of agri­cultural plants

Cereals

Species in Latin

Species in Swedish

Avena nuda L.

Nakenhavre

Avena sativa L. (även A. byzantina K. Koch)

Havre och rödhavre

Avena strigosa Schreb.

Purrhavre

Hordeum vulgare L.

Korn

Oryza sativa L.

Ris

Secale cereale L.

Råg

Sorghum bicolor (L.) Moench subsp. bicolor

Sorghum

Sorghum bicolor (L.) Moench subsp. bicolor x Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse

Hybrider mellan Sorghum bicolor subsp. bicolor och Sorghum bicolor subsp. drummondii

Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse

Sudangräs

xTriticosecale Wittm. ex A. Camus

Rågvete (hybrider mellan Triticum och Secale)

Triticum aestivum L. subsp. aestivum

Vete

Triticum turgidum L. subsp. durum (Desf.) van Slageren

Durumvete

Triticum aestivum L. subsp. spelta (L.) Thell.

Speltvete

Phalaris canariensis L.

Kanariegräs

Zea mays L. med undantag av convar microsperma Koern. och convar. sacchata Koern.

Majs utom puffmajs (popcorn) och sockermajs

Fodder plants - Grasses

Species in Latin

Species in Swedish

Agrostis canina L.

Brunven

Agrostis capillaris L.

Rödven

Agrostis gigantea Roth

Storven

Agrostis stolonifera L.

Krypven

Alopecurus pratensis L.

Ängskavle

Arrhenatherum elatius (L.) P. Beauv. ex J. Presl & C. Presl

Knylhavre

Bromus catharticus Vahl

Plattlosta

Bromus sitchensis Trin.

Alaskagräs

Cynodon dactylon (L.) Pers.

Bermudagräs

Dactylis glomerata L.

Hundäxing

Festuca arundinacea Schreber

Rörsvingel

Festuca filiformis Pourr.

Finsvingel

Festuca ovina L.

Fårsvingel

Festuca pratensis Huds.

Ängssvingel

Festuca rubra L.

Rödsvingel

Festuca trachyphylla (Hack.) Hack.

Hårdsvingel

xFestulolium Asch. & Graebn.

Rajsvingel (hybrider mellan Festuca och Lolium)

Lolium multiflorum Lam.

Italienskt rajgräs (inkl. westerwoldiskt rajgräs)

Lolium perenne L.

Engelskt rajgräs

Lolium x hybridum Hausskn

Hybridrajgräs

Phalaris aquatica L.

Knölflen

Phleum nodosum L.

Turftimotej, Vildtimotej

Phleum pratense L.

Timotej

Poa annua L.

Vitgröe

Poa nemoralis L.

Lundgröe

Poa palustris L.

Sengröe

Poa pratensis L.

Ängsgröe

Poa trivialis L.

Kärrgröe

Trisetum flavescens (L.) P. Beauv.

Gullhavre

Fodder plants - Legumes

Species in Latin

Species in Swedish

Biserrula pelecinus L.

Sågväppling

Galega orientalis Lam.

Fodergetruta

Hedysarum coronarium L.

Rosenväppling

Lathyrus cicera L.

Rödvial

Lotus corniculatus L.

Käringtand

Lupinus albus L.

Vitlupin

Lupinus angustifolius L.

Blålupin

Lupinus luteus L.

Gullupin

Medicago doliata Carmign.

Pigglusern

Medicago italica (Mill.) Fiori

Skivlusern

Medicago littoralis Rohde ex Loisel.

Mattlusern

Medicago lupulina L.

Humlelusern

Medicago murex Willd.

Klotlusern

Medicago polymorpha L.

Tagglusern

Medicago rugosa Desr.

Rynklusern

Medicago sativa L.

Blålusern

Medicago scutellata (L.) Mill.

Snäcklusern

Medicago truncatula Gaertn.

Tornlusern

Medicago x varia T. Martyn Sand

Mellanlusern

Onobrychis viciifolia Scop.

Esparsett

Ornithopus compressus L.

Gulserradella

Ornithopus sativus Brot.

Serradella

Pisum sativum L. (partim.)

Foderärt, Kokärt

Trifolium alexandrinum L.

Alexandrinerklöver

Trifolium fragiferum L.

Smultronklöver

Trifolium glanduliferum Boiss.

Glandelklöver

Trifolium hirtum All.

Rosenklöver

Trifolium hybridum L.

Alsikeklöver

Trifolium incarnatum L.

Blodklöver

Trifolium isthmocarpum Brot.

Saltklöver

Trifolium michelianum Savi

Sumpklöver

Trifolium pratense L.

Rödklöver

Trifolium repens L.

Vitklöver

Trifolium resupinatum L.

Doftklöver

Trifolium squarrosum L.

Spärrklöver

Trifolium subterraneum L.

Grävklöver

Trifolium vesiculosum Savi

Pilbladsklöver

Trigonella foenum-graecum L.

Bockhornsklöver

Vicia benghalensis L.

Purpurvicker

Vicia faba L.

Åkerböna

Vicia pannonica Crantz

Ungersk vicker

Vicia sativa L.

Fodervicker

Vicia villosa Roth

Luddvicker

Fodder plants - Other species

Species in Latin

Species in Swedish

Brassica napus L. var. napobrassica (L.) Rchb.

Kålrot

Brassica oleracea L. convar. acephala (DC.) Alef. var. medullosa Thell. + var. viridis L.

Fodermärgkål

Phacelia tanacetifolia Benth.

Honungsört

Plantago lanceolata L.

Svartkämpar

Raphanus sativus L. var. oleiformis Pers.

Oljerättika

Beet

Species in Latin

Species in Swedish

Beta vulgaris L. var. crassa Mansf.

Foderbeta

Beta vulgaris L. var. altissima Döll

Sockerbeta

Oil and fibre plants

Species in Latin

Species in Swedish

Arachis hypogaea L.

Jordnöt

Brassica juncea (L.) Czern.

Sareptasenap

Brassica napus L. (partim.)

Raps

Brassica nigra (L.) W.D.J. Koch

Svartsenap

Brassica rapa L. var. silvestris (Lam.) Briggs

Rybs

Cannabis sativa L.

Hampa

Carthamus tinctorius L.

Safflor

Carum carvi L.

Kummin

Glycine max (L.) Merr.

Sojaböna

Gossypium spp.

Bomull

Helianthus annuus L.

Solros

Linum usitatissimum L.

Oljelin, Spånadslin

Papaver somniferum L.

Vallmo, Opievallmo

Sinapis alba L.

Vitsenap

Potato
Species in Latin

Species in Swedish

Solanum tuberosum L.

Potatis

The species that are regulated in the legislation for seed of vegetables

Vegetable

Species in Latin

Species i Swedish

Allium cepa L. - Cepa-gruppen

Lök

Allium cepa L. - Aggregatum-gruppen

Schalottenlök

Allium fistulosum L.

Piplök

Allium porrum L.

Purjolök

Allium sativum L.

Vitlök

Allium schoenoprasum L.

Gräslök

Anthriscus cerefolium (L.) Hoffm.

Dansk körvel

Apium graveolens L. - Dulce-gruppen

Blekselleri

Apium graveolens L. - Rapaceum-gruppen

Rotselleri

Asparagus officinalis L.

Sparris

Beta vulgaris L. - Rödbeta-gruppen

Rödbeta (inklusive Cheltenhambeta)

Beta vulgaris L. - Mangold-gruppen

Mangold

Brassica oleracea L. - Sabellica-gruppen

Grönkål

Brassica oleracea L. - Botrytis-gruppen

Blomkål

Brassica oleracea L. - Capitata-gruppen

Huvudkål (rödkål och vitkål)

Brassica oleracea L. - Gemmifera-gruppen

Brysselkål

Brassica oleracea L. - Gongylodes-gruppen

Kålrabbi

Brassica oleracea L. - Sabauda-gruppen

Savojkål

Brassica oleracea L. - Italica-gruppen

Broccoli

Brassica oleracea L. - Palmifolia-gruppen

Palmkål

Brassica oleracea L. - Tronchuda-gruppen

Portugisisk kål

Brassica rapa L. - Pekinensis-gruppen

Salladskål

Brassica rapa L. - Rapifera-gruppen

Rova

Capsicum annuum L.

Chilipeppar, paprika

Cichorium endivia L.

Friséesallat

Cichorium intybus L. - Foliosum-gruppen

Cikoriasallat

Cichorium intybus L. - Sallatscikoria-gruppen

Sallatscikoria

Cichorium intybus L. - Sativum-gruppen

Rotcikoria

Citrullus lanatus (Thunb.) Matsum. et Nakai

Vattenmelon

Cucumis melo L.

Melon

Cucumis sativus L. - Slanggurka-gruppen

Slanggurka

Cucumis sativus L. - Druvgurka-gruppen

Druvgurka

Cucurbita maxima Duchesne

Jättepumpa (inklusive vinterpumpa)

Cucurbita pepo L.

Pumpa, squash

Cynara cardunculus L. - Scolymus-gruppen

Kronärtskocka

Cynara cardunculus L. - Kardon-gruppen

Kardon

Daucus carota L.

Morot

Foeniculum vulgare Mill. - Azoricum-gruppen

Sötfänkål

Lactuca sativa L.

Sallat

Solanum lycopersicum L.

Tomat

Petroselinum crispum (Mill.) A. W. Hill- Foliosum-gruppen

Bladpersilja

Petroselinum crispum (Mill.) A. W. Hill- Tuberosum-gruppen

Rotpersilja

Phaseolus coccineus L.

Blomsterböna

Phaseolus vulgaris L. - Buskböna-gruppen

Buskböna

Phaseolus vulgaris L. - Störböna-gruppen

Störböna

Pisum sativum L. - Märgärt-gruppen

Märgärt

Pisum sativum L. - Sockerärt-gruppen

Sockerärt

Pisum sativum L. - Spritärt-gruppen

Spritärt

Raphanus sativus L. - Rädisa-gruppen

Rädisa

Raphanus sativus L. - Rättika-gruppen

Rättika

Rheum rhabarbarum L.

Rabarber

Scorzonera hispanica L.

Svartrot

Solanum melongena L.

Aubergin, äggplanta

Spinacia oleracea L.

Spenat

Valerianella locusta (L.) Laterr.

Vintersallat

Vicia faba L.

Bondböna

Zea mays L. - Microsperma-gruppen

Popmajs

Zea mays L. - Saccharata-gruppen

Sockermajs

The genera and species regulated in the legislation for seed of fruits

List of the genera and varieties of fruit, berries and nuts that the rules apply to

Latin name

English name

Castanea sativa Mill.

Sweet chestnut

Citrus L.

The citrus genus

Corylus avellana L.

Common hazel

Cydonia oblonga Mill.

Quince

Ficus carica L.

Fig

Fortunella Swingle

The kumquat genus

Fragaria L.

The wild strawberry genus

Juglans regia L.

Common walnut

Malus Mill.

The apple genus

Olea europaea L.

Olive

Pistacia vera L.

Pistachio

Poncirus Raf.

Poncirus

Prunus amygdalus Batsch.

Almond

Prunus armeniaca L.

Apricot

Prunus avium (L.) L.

Sweet cherry

Prunus cerasus L.

Sour cherry

Prunus domestica L.

Plum

Prunus persica (L.) Batsch.

Peach

Prunus salicina Lindley

Japanese plum

Pyrus L.

The pear genus

Ribes L.

The currant genus

Rubus L.

The raspberry genus

Vaccinium L.

The blueberry genus

Assess­ment of charac­teristics

Ordinary varieties of agricultural plants and vegetables in a list of varieties have been assessed and approved for their charac­teristics. This entails that the variety

  • has a unique variety denomination for the species or similar species
  • is distingui­shable from other known varieties
  • is stable
  • is uniform.

This also applies to certain varieties of fruit­plants.

A genetically modified variety may only be registered during the period which the genetic modi­fication that the variety consists of is approved.

Different require­ments on different groups of plants

The stringency of the require­ments placed on the variety depend on the group of plants that it belongs to. There are also different approaches for regi­stration of new varieties in the different plant groups.

The different plant groups are

  • ordinary varieties of agri­cultural plants or vege­tables
  • conser­vation varieties of agri­cultural plants or vege­tables
  • amateur varieties of vege­tables
  • fruit­plants.

Varieties that are not included in a list of varieties or are not regulated in the seed legislation

You may cultivate a variety of a registered species which is not included in any list of varieties, but you may not sell or give away seed or plants of the variety.

If a species is not regulated in EU seed legislation, you may sell material of it even if the variety of that species is not included in a list of varieties. Examples of species that are not regulated are dill, buckwheat, smooth brome grass and sea-buckthorn.

Registration of an agri­cultural plant or vege­table

You can apply to register a new variety of an agri­cultural plant or vegetable in our e‑service. The registration is valid for 10 years. Application costs SEK 3,000 per variety. You pay directly in the e‑service or via an invoice. You will subsequently pay an annual fee of SEK 2,000 per variety.

Extending the registra­tion

Two years before the end of the registration period, you can apply to extend the regi­stration by an additional 10 years. In order for the registration to be extended, it is required that the plant is still cultivated to a sufficient extent or is worth retaining to conserve plant genetic resources. The variety must still comply with the requirements of distingui­shability, uniformity and stability and have the variety characters specified in the final variety description. An application for extension costs SEK 2,000 per variety.

With­drawing registra­tion

If you want to de‑register the variety before the end of the registration period, you can apply for surrenering. You can also withdraw an application for registration. It is permitted to sell the remaining stock of seed of the variety that is surren­dered, until 30 June inclusive the third year after registration terminates. You may apply for this at the same time as you apply to surrender the variety.

The variety needs a denomina­tion or a name

In order to be able to register the variety in the list of varieties, it must also have an approved variety denomina­tion, i.e. a name. The name of the variety must be unique. We check whether the name of the variety is unique in the EU Database of Variety Denomina­tions, CPVO Variety Finder.

If you wish to name your variety after you have submitted the application for addition in the list of varieties, you must send a supplementary application with the denomina­tion of the variety.

Technical variety testing of new varieties

All new varieties of agri­cultural plants or vegetables must be tested before they can be registered in the list of varieties. This means that a technical examination of the variety in cultivation is made for at least two years. One part of the technical testing is referred to as DUS examination.

The results from the DUS examination should show that

  • it is possible to distinguish the variety from other known varieties in the EU
  • the variety does not change from year to year in propagation
  • the individuals within the variety are uniform.

The DUS examinations are made by the testing centres in Europe that are approved by the Community plant variety office. We order the DUS examina­tion in a country as close to Sweden as possible. If you have a completed DUS report, you should enclose it with the applica­tion. If the DUS report is not ready, you should enclose a preliminary descrip­tion of the variety with the applica­tion for addition to the list of varieties. We can also order a complete DUS report from a testing centre if the country’s cultivation conditions are similar to Sweden’s.

It is important that you send in the correct quantity of seed at the right time. For certain species, you should also send in spikes. We must also order the DUS examina­tion before a particular date for the respec­tive species. It is there­fore important that your application is submitted to us before that date.

Assess­ment of value for cultivation and use of new varieties of agri­cultural plants

The second part of the technical assessment consists of an examination of the value for cultivation and use of the agricultural plants. If you wish to register a new variety of an agricultural plant, the variety must have at least one characteristic which is better than other varieties on our list of varieties. We therefore compare the new variety with the varieties already included in the Swedish list of varieties in an examination for “value for cultivation and use”. The Swedish University of Agricultural Sciences (SLU) is responsible for examinations of value for cultivation and use in Sweden.

You can reach SLU via the e-meil adress

The fee for the examination of value for cultivation and use depends on the variety and the area in which it is to be examined.

The examination of value for cultivation and use lasts for at least 2 years. During this period, the following are tested, among other things

  • if the variety gives a greater harvest of good quality than other registered varieties
  • how the variety ripens in relation to other varieties
  • how the variety’s internal quality characteristics relate to other varieties, such as raw fat content and starch content
  • if the variety is resistant against commonly occurring plant diseases.

In Sweden, no examinations of value for cultivation and use is made of grass for green areas (turf grasses). In the case of vegetables, an examination of value for cultivation and use is only made for Cichorium intybus L. (chicory).

You will find results from the examination of value for cultivation and use in SLU's searchable database sortval.nu, where you can search and compare the properties of different varieties from different trials.

Contact SLU for information about the final date for notification for the examination of value for cultivation and use.

The Swedish Board of Agriculture and SLU have together produced minimum requirements for the examination of value for cultivation and use in Sweden.

Trial seeds of varieties that are to be DUS examined must also be tested in a post control cultivation

We cultivate trial seeds under controlled forms to ensure that the seed which is also to be sent for examination of value for cultivation and use and to the DUS examination is homogenous and of the right variety. The quantity of seed depends on the species concerned.

You should send seed for post control cultivation to the Swedish Board of Agriculture’s seed unit.

Jordbruksverket

Utsädesenheten

Österleden 165

261 51 Landskrona​

Conserva­tion varieties

A conser­ vation variety is a rural variety, or another variety cultivated before 1950 in Sweden. Our old varieties are a cultural heritage which there are many reasons to conserve. The charac­teristics of older varieties may, for example, be useful in the future when the climate and environ­ments change.

In order for a variety to be considered as a conser­vation variety, it must be naturally adapted to the location and region where it is to be found, and it must be worth conserving. It should be documented that the variety has been cultivated for a long time in Sweden.

The difference between a conser­vation variety and an amateur variety is that a conser­vation variety is of plant genetic interest and may also be cultivated by professional growers. An amateur variety is usually cultivated by not professional growers and may only be sold in small packages. A conser­vation variety may only be produced and marketed in its country of origin while an amateur variety does not have this national limitation.

Conserva­tion varieties in the Swedish list of varieties

It is possible to register conser­vation varieties of agri­cultural plants and vegetables in the Swedish list of varieties. This means that it is permitted to produce and market these varieties in Sweden.

In order for the conser­vation varieties to be included in the list of varieties, it must not already exist in the ordinary cata­logue of varieties as a common variety, for example, Blue Congo is included as an ordinary variety in the EU catalogue of varieties and cannot there­fore be included as a conser­vation variety in the Swedish list of varieties. The variety may not either be protected by any plant breeder's rights.

The variety may not be a completely new variety, but it must have been cultivated in Sweden before 1950. In order for the conser­vation variety to be included in the list of varieties, the Swedish Board of Agri­culture must consider it worth conserving. When we assess the variety, we base ourselves mainly on the criteria for conser­vation which are to be found in the Cultivated Diversity Program (POM).

The rules for including a conser­vation variety in the list of varieties differ from the rules for ordinary varieties:

  • The conser­vation varieties may have greater variation within the variety than normal varieties have.
  • The conser­vation varieties do not need to undergo technical examina­tion.
  • There should be a carefully detailed descrip­tion of the variety.
  • There must be documen­tation that the variety is worth conserving.

Registering a conserva­tion variety

You can apply to register a conser­vation variety in our e‑service. The registration is valid for 10 years. The application costs SEK 800 per variety. You can pay directly in the e‑service or by an invoice. There is no annual fee for conser­vation varieties.

You should enclose a carefully detailed description of the variety and documen­tation on the variety’s conser­vation value with the application. Use the CPVO’s question­naire for the species and supple­ ment it with your own experiences.

Before you send in your applica­tion, you should check with us whether anyone else has sent in an applica­tion for the variety. It is sufficient with one applica­tion for each variety.

You should have a sufficient quantity of seed to enable the Swedish Board of Agri­culture to cultivate it if necessary to see whether it differs from other varieties of the species known in the EU.

The Swedish Board of Agriculture decides on whether the variety is worth conserving and if we can include it on the list of varieties as a conser­ vation variety. If we approve the registra­tion of the conservation variety, you can produce and market seed of the variety in Sweden.

Seed from the conservation variety shall comply with the material of the variety held by NordGen. If NordGen does not have your variety, you should send seed to them.

The Nordic Genetic Resource Centre (NordGen.se)

You can read more in the brochure Amateur and Conser­vation Varieties about the rules for produc­tion and marketing of different conser­vation varieties.

Extending the registration

Before the period for registration expires, you can apply to extend the registration period for another 10 year at a time. It does not cost anything to apply for extension of the registration period.

With­drawing of registra­tion

If you want the variety to be de‑registered, you can apply to surrender the variety. You can also withdraw an application for registration. It is permitted to sell seed of a variety until and including 30 June the third year after registration has surren­dered. You can apply for this at the same time as you apply to surrender the variety.

Amateur varieties

An amateur variety is a vegetable variety without value for com­mercial cultivation, but which has been developed for cultivation under special circum­stances. This means that the variety has been developed to, for example, be cultivated in a special climate or in special soils. In order to market seed of an amateur variety, it must be included on a list of varieties.

The rules for amateur varieties differ from the rules for other kinds of vegetables:

  • The amateur varieties may have greater variation within the variety than other varieties may have.
  • There should be a careful descrip­tion of the amateur variety.
  • It shall be documented that it is an amateur variety.
  • An amateur variety may have more than one variety name, if there is historical evidence for this.
  • There is a limit to the amount of seed that may be sold in the packages of an amateur variety in the packages.
  • Amateur varieties shall be labelled in a special way.

If you market seed from an amateur variety, you must report to the Swedish Board of Agri­culture each production season on how much seed you have sold.

The Swedish Board of Agriculture will make random checks on seed of amateur varieties. We check, for example, that it is the correct variety and that there are no weeds in the seed.

Register an amateur variety

You can apply to register a new variety of an amateur variety via our e-service. The registration is valid for 10 years. The application costs SEK 800 per variety. You can pay directly in the e‑service or by an invoice. There is no annual fee for amateur varieties.

You should enclose a carefully detailed description of the variety. Use the CPVO’s question­naire for the species and supple­ment it with your own experiences.

Before you send in your applica­tion, you should check with us whether anyone else has sent in an application for the variety. It is sufficient with one application for each variety to market seed of the variety in the EU.

In order for the amateur variety to be approved, it must not be included in the list of varieties as an ordinary variety or be protected by plant breeder's rights.

Amateur varieties need not to be technical examined in the same way as an ordinary variety.

It takes a couple of months from our registration of an amateur variety in the list of varieties before the variety is published in the common catalogue of varieties for vegetables.

You can read about the rules for marketing and production of seed from different amateur varieties in the brochure Amateur and conservation varieties (in Swedish).

Extending registration period

Before the period of registration expires, you can apply to extend the registration period by ten years at a time. It does not cost anything to apply for extension.

With­drawing the regi­stration

If you want the variety to be de-registered before it expires, you can apply for surrendering. You can also withdraw an application for registration. It is permitted to market seed of a variety until and including 30 June the third year after registration has surrendered. You can apply for this at the same time as you apply to surrender the variety.

Fruit and berry varieties

Fruit and berry varieties, including root stocks, can have two variants of descrip­tions

  • official descrip­tion
  • officially recognised descrip­tion.

Fruit and berry varieties with a Swedish official descrip­tion must be registered in the following lists:

  • Swedish list of varieties
  • FRUMATIS.

Fruit and berry varieties with a Swedish officially recognised descrip­tion must be registered in the following lists:

  • Old varieties which are to be sold in the EU must be registered in the Swedish list of varieties and in FRUMATIS.
  • New varieties may only be registered in the Swedish list of varieties.

Root stocks with a Swedish variety description must also be registered in the respective list of varieties.

Before you submit your application, you should check that the variety is not already registered or that someone else has sent in an application for registration of the variety. It is sufficient with one application for each variety. It must not be protected by plant breeder's rights or be the object of an application for plant breeder's rights. You can search in the Swedish list of varieties and in the EU list of varieties of fruit and berries, FRUMATIS.

Register a fruit or berry variety with an official descrip­tion

You can apply to register a fruit or berry variety via our E-service. There is no application fee for registration of a fruit or berry variety. Neither is there any annual fee for extension of the registration period. The registration is valid for 30 years.

You should enclose a preliminary description of the variety as a basis for the DUS examination with your application. You can use either CPVO’s or UPOV’s question­naire.

Technical examina­tion of varieties with an official descrip­tion

A variety with an official description shall undergo a technical examina­tion before it can be registered in the list of varieties. This means that the variety is tested in cultivation for at least 2 fruit-bearing years. This is also referred to as the DUS examination.

The results of the DUS examination shall show that

  • the variety is distingui­shable from other known varieties in the EU
  • the variety does not change from year to year in propaga­tion
  • that particular plants of the variety are uniform.

A variety which is approved with an official descrip­tion may be marketed through­out the EU.

The DUS examina­tion are made by the testing centres in Europe that are approved by the Community plant variety office. We order the DUS examination in a country as close to Sweden as possible. If you have a completed DUS report, you should enclose it with the appli­cation. If the DUS report is not ready, you should enclose a prelimi­ nary descrip­tion of the variety. We can also order a complete DUS report from a testing centre unless the country’s cultivation conditions are very different from Sweden’s.

Register a fruit or berry variety with an officially recognised descrip­tion

You can apply to register a fruit or berry variety via our E‑service. There is no application fee for registration of a fruit or berry variety. Neither is there any annual fee for extension of the registration period of a variety. The registration is valid for 30 years.

You should enclose a descrip­tion of the variety in your appli­cation.

For varieties produced from 1 January 2017 and onwards, the descrip­tion shall include

  • information about the origin of the variety
  • information about how and where the variety shall be kept
  • a detailed descrip­tion of the character of the trees, bushes or plants (growth habit and morpho­logy if the data is relevant for the species)
  • the character of the flower if it is relevant for the species
  • the character of the fruit and other specific and relevant characters for the species
  • detailed photo­graphs of relevant character­istics of the variety in question
  • an account of the way in which the data can be confirmed.

For varieties produced until and including 31 December 2016, the descrip­tion shall include

  • information about the origin of the variety
  • information about how and where the variety shall be kept
  • a descrip­tion of the variety
  • an account of the way in which the data can be confirmed.

You can use our form or enclose a separate description.

Extending registration period

You can apply for extended the registration period by another 30 years if propagating material of the variety is still available in the market.

With­drawing the registra­tion

You can choose to surrender the variety from the list of varieties at any time during the registra­tion period. You can apply for surrendering the variety. You can also withdraw an appli­cation for registration.

Plant Breeder's right

If you have produced a new plant variety or are the agent of a plant breeder, you can apply for plant breeder's right for the variety. You can obtain a plant breeder's right for all types of plants. You can only obtain a plant breeder's right for a new plant variety.

The plant breeder's right means that only you have the right to propagate, process, sell, import, export and keep the plant variety with the purpose of propagate it. If someone else wishes to use the plant variety, they must compensate the infringe­ment to you. However, it is free to use protected varieties for research, trials and production of new varieties.

In Sweden, the Swedish Seed Trade Association, Svenska Utsädesföretagens Förening (SVUF) collects these payments.

The plant breeder's right applies for 25 years. In the case of potatoes, trees and wine, it applies for 30 years. The plant breeder's right can not be renewed or extended.

Require­ments for the variety to be protected

In order for a variety to be protected, it must

  • be new
  • undergo a technical examination of the variety (DUS examination)
  • have an approved unique variety denomination.

You must not sell or give away seed or other products from the variety for a longer period than 1 year in Sweden before you submit an applica­tion for a plant breeder's right. For sales in other countries, a 4‑year period applies and for vines and trees a 6‑years.

Applying for a plant breeder's right

You can apply for a plant breeder's right in our E‑service. The application costs SEK 3,000 per variety. You can pay directly in the E‑service or by invoice. Sub­sequently, you pay an annual fee of SEK 3,000 per variety.

You must enclose the annex Assurance of novelty and any power of attorney with your application.

You should also include the report from the technical examina­tion of the variety, the DUS report. If you do not have a completed report, you should enclose a preliminary description of the variety. You can find the form for the preliminary description of the variety on CPVO’s website.

With­drawing the plant breeder's right

If you wish to de‑register the plant breeder's right before it expires, you can apply for surren­dering. You can also withdraw an application for a plant breeder's right.

Applying for a plant breeder's right in the EU

You can also apply for a plant breeder's right that is valid throughout the EU.

The DUS examination takes place at testing centres that are approved by CPVO. You can find information about testing centres and the cost of examination on CPVO’s website.

Revision date: 2024-05-15

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