Thailand Plant Variety Protection System

Abstract

Plant Varieties Protection Act, B.E. 2542 (1999) is a sui generic system for the protection of plant varieties in accordance with the TRIPs (Trade-Related Aspects of Intellectual Property Rights) Agreement. There are four types of plant varieties being protected in the Act namely new plant, local domestic plant, general domestic plant and wild plant varieties. New plant and local domestic plant varieties will be protected prior to registration with PVP Division (Plant Varieties Protection Division) Department of Agriculture. On the other hands, general domestic plant and wild plant varieties are protected as state property. Those who are collected, procured or gathered general domestic and wild plant varieties for the purpose of development, education, experiment or research for commercial interest shall be obtained the permission from the competent authority and shall be made for profit-sharing agreement in order to the income accruing therefore shall be remitted to the plant Varieties Protection fund. A new plant variety is being protected under the Act that shall be consisted of the following elements ; novelty, distincness, uniformity and stability. The owner of a new plant variety has an exclusive rights to produce, sell or dispose by any means, import, export of process of the propagating materials of the new plant varies. On the other hands, the community has the exclusive rights prior to the registration for protection of local domestic varieties. In addition, the community shall have the rights to develop, study and conducts an experiment or research in products, sale, export or distribution by any means of propagating materials of local domestic plant varieties.