Farmer’s Rights: Effects of Amendment to Plant Variety Protection Act

Abstract

Agriculture has been one of the most important occupations in the Thai society from the past to the present. A considerable number of plant varieties in Thailand are partly derived from the farmers’ path of life and their customs—they exchange seeds and knowledge relating to such varieties. However, under unavoidable international trade and free market paradigm, agriculture businesses led by multinational corporations encourage and support modern agriculture by convincing farmers to cultivate for export using high yield varieties, and limiting farmers’ choice to grow crops. Under these circumstances, the principle factors of farmers’ cultivation, seeds and plant varieties among others, are transformed into private property and protected by an intellectual property system, namely the Plant Breeders’ Rights (PBRs).Whether the farmers accept such transformation voluntarily or not, they are affected by the changing ownership structure of seeds and plant varieties. Specifically speaking, farmers’ rights are disappearing or diminishing. This article explored the effects of the amendment to the Plant Variety Protection Act, B.E.2542—the first and only legal mechanism for plant genetic resources protection in Thailand. Finally, the article concluded that the revised Act had immense effects on the structure of farmers’ rights. It affected the conservation and development of plant species, the diversity of plant varieties, the ecosystem, and food security.