– Protection of Plant Varieties Act 1999, in effect since November 27, 1999.

– WTO’s TRIPS Agreement, since January 1, 1995.
– Convention on Biological Diversity, since January 29, 2004.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since August 2, 2008.

FILING

Applicant: the applicant for protection under this Act has to be (1) a Thai national or a legal person with its head office in Thailand; (2) a national of a country which allows Thai nationals or legal persons with head offices in Thailand to apply for protection in such country; (3) a national of a country which is a party to an international convention or agreement on the protection of plant varieties to which Thailand is also a party; or (4) domiciled or earnestly engaged in an industrial or commercial enterprise in Thailand or a country which is a party to an international convention or agreement on the protection of plant varieties to which Thailand is also party.

Protectable: plant varieties which have been announced by the Ministry of Agriculture and Co-operatives are eligible for new plant variety protection. To date, there are 93 plant varieties eligible for protection. Registrable new plant varieties must possess (1) uniform characteristics of the species in morphology, anatomy, or other properties as a result of the expression of a genetic condition specific to such plant varieties; (2) stable characteristics of the species which are capable of appearing every time the species reproduction part of such plant variety is reproduced by general methods in respect of that plant; or (3) species characteristics distinctly different from those of other species in morphology, anatomy, or other properties resulting from the expression of a genetic condition different from those of other plant varieties. Furthermore, in order to qualify for registration, new plant varieties must (1) be plant varieties whose species reproduction parts have never been utilized, whether by sale or distribution in any manner, in or outside the Kingdom by or with the consent of the breeder, for no more than one year before the date of submission of the application for registration; (2) possess differences from other plant varieties which exist on the date of submission of the application for registration, such as differences connected with characteristics beneficial to cultivation, pharmacy, production, or processing, and (a) whose protection has been registered, whether in or outside the Kingdom, before the date of submission of the application for registration; and (b) for which an application for registration was submitted in the Kingdom and subsequently registered.

Filing requirements: the guidelines on registration procedures are based on Section 19 of the Act. An application for registration must contain the following particulars:
1. Name of the new plant variety and details of its important characteristics;
2. Name of the breeder involved in the species breeding or development;
3. Details of origin of the new plant variety or the genes used in species breeding or development as well as method of improvement enabling clear understanding of the process;
4. A guarantee that the species reproduction part of the new plant variety for which registration is being sought and the genes used in the species breeding or development under 3. will be delivered to the competent official for examination in accordance with the time period prescribed by the competent official;
5. Benefit-sharing agreement in the case where a general native plant variety or a wild plant variety, or any part of such plant variety, is used in the species breeding for commercial benefit;
6. Other particulars as prescribed by Ministerial Regulations.

Note: details on the application form and information required are according to the notification of the Department of Agriculture regarding the application form for new plant variety.

EXAMINATION PROCEDURE

Examination: in considering an application for registration of a new plant variety, the competent official shall (1) examine the application for registration as to its conformity with Section 19; and (2) determine if it has the characteristics of the new plant variety under Section 11, it possesses the properties of the new plant variety under Section 12, it is not prohibited from registration under paragraph 1 of Section 13, and it passes the assessment under paragraph 2 of Section 13. The examination on the characteristics of each eligible plant variety is done according to the Regulations of the Department of Agriculture. Upon request of the Department of Agriculture, the applicant must submit the requested plant varieties for conducting the examination. Details on the submission of the plant materials, testing details, and other related information are according to the notification of the Department of Agriculture regarding the preparation for examination of the plant variety for new plant variety registration. The competent official shall then prepare and submit an examination report to the Director General to examine and issue an order for the publication of such application within thirty days from receipt of the report.

Opposition: may be filed with the competent official within ninety days from the first date of publication of the application. The applicant shall submit a counterstatement within ninety days from the date of receipt of the copy of the opposition, failing which the application shall be deemed abandoned. The losing party has the right to appeal to the Plant Variety Protection Board against the order of the Director General of the Department of Agriculture within ninety days from the date of receipt of the Director General’s order. Either party dissatisfied with the decision of the Board shall be entitled to appeal to the court within sixty days from receipt of the decision. If legal proceedings are not instituted within the period prescribed, the Board’s decision shall be final.

GRANTING AND PROTECTION

Granting decision: after the Director General has considered the examination report of the competent official, including the whole process of the application for registration, and is of the opinion that there is no reason not to accept the registration of the new plant variety, the Director General shall order that the application be accepted for registration. The applicant shall pay the fee for issuance of the certificate of registration within sixty days from the date of receipt of the notification. The new plant variety shall then be registered by the competent official and a certificate of registration of such new plant variety shall be issued within seven days from the date the applicant pays the fee.

Duration: the validity period of a certificate of registration of a new plant variety shall be as follows: (1) for plants that give yield in accordance with the species characteristics after cultivation from the species reproduction part within a period of not more than two years, the validity shall be twelve years; (2) for plants that give yield in accordance with the species characteristics after cultivation from the species reproduction part within a period of more than two years, the validity shall be seventeen years; (3) for plants utilizing wood that give yield in accordance with the species characteristics after cultivation from the species reproduction part within a period of more than two years, the validity shall be twenty-seven years. The validity period of a certificate of registration of a new plant variety shall start from the date of issuance.

Annuities: the rights holder of a new plant variety must pay an annual fee according to the rates and procedures prescribed in Ministerial Regulations. The fee must be paid within ninety days from the date of receipt of the certificate of registration and every year thereafter.

Use: compulsory; upon the expiration of three years from the date of registration, other persons may submit an application to use the rights of the assignee if it appears that at the time of submission of the said application, the species reproduction part of the new plant variety is not being sold or said species reproduction part is being sold in a quantity that is not sufficient to meet public demand in the Kingdom or is being sold at an unreasonably high price, unless the rights holder of the new plant variety can prove that such acts occurred from circumstances which were beyond his control or such new plant variety was the species for production utilization of hybrid seed of which the production quantity is sufficient to meet public demand in the Kingdom and is not being sold at an unreasonably high price.

Penalties: Section 64 of the Act states that any person who commits any act under Section 33 or Section 47 without the permission of the rights holder of such plant variety shall be sentenced to not more than two years imprisonment or fined not more than Baht 4,000,000 or both. Section 67 of the Act states that any person who forges a mark or uses an imitation mark or commits any act to mislead others into believing that such plant variety is protected under this Act shall be sentenced to six months to five years imprisonment and fined Baht 20,000 to 200,000.

MODIFICATION OF PROTECTION AFTER GRANTING

Cancellation: the Director General, with the concurrence of the Board, is authorized to revoke the certificate of registration of a new plant variety in the following cases: (1) such plant variety does not have the characteristics under Section 11 and Section 12; (2) the certificate was not issued in accordance with Sections 13, 15, 16, 17, 19, and 20 of this Act; (3) the details in the application submitted to the competent official under Section 19 are false.

Assignment: the rights holder of a new plant variety may permit any person to use the rights to his new plant variety or may transfer his rights to another person. In case several persons are joint rights holders, the transfer of rights or the granting of permission to another person can only be done with the consent of all the rights holders.

FILING

Applicant: persons who are sui juris, have established and carried out a joint culture system continuously, and have jointly conserved or developed a plant variety that is in conformity with the characteristics required, may apply for registration as a community under this Act by nominating a representative and submitting an application in writing to the local Governor. Where a plant variety exists specifically in any area and is conserved or developed exclusively by a community, such community shall be entitled to submit a petition to the local administrative organization in which such community is located to carry out submission of application for registration of a specific native plant variety on behalf of the said community. Details on the application form and information required are according to the notification of the Department of Agriculture regarding the application form for new plant variety.

Protectable: in order for a plant variety to qualify for registration as a specific native plant variety under this Act, a plant variety must have the following characteristics: (1) it must exist only in a specific locality in the Kingdom; and (2) it must never have been registered as a new plant variety.

Filing requirements: an application shall at least have the following particulars: (1) plant variety that has been conserved and developed jointly; (2) operation method for conservation and development of such plant variety; (3) list of community members; (4) conditions of the area in which the plant variety exists, including a concise map showing the community and its adjoining areas.

EXAMINATION PROCEDURE

Examination: the submission of the application and the consideration of permission for registration shall be in accordance with the rules and procedures prescribed in Ministerial Regulations. However, no Ministerial Regulations regarding this matter have been released as yet.

GRANTING AND PROTECTION

After the registration of protection of a specific native plant variety of any community, such community shall have the sole right to improve the species, study, investigate, experiment, research, produce, sell, export out of the Kingdom, or distribute in any manner the species reproduction part of the specific native plant variety. In this respect, the local administrative organization, the group of agriculturists or cooperatives which has received the certificate of registration of a specific native plant variety shall be the rights holders on behalf of the said community. However, the aforementioned provisions do not apply in the following circumstances: (1) an act in connection with a protected specific native plant variety without the objective of allowing usage as a species reproduction part; (2) an act in connection with a protected specific native plant variety committed in good faith; (3) cultivation or reproduction of a protected specific native plant variety by an agriculturist using a species reproduction part produced by himself, except where the Minister, with the concurrence of the Board, has announced such specific native plant variety as being a plant variety the species improvement of which should be encouraged, in which case the agriculturist may cultivate or reproduce in a quantity not exceeding three times the quantity acquired; (4) an act in connection with a protected native plant variety not for commercial purposes.

Benefit sharing: any person who collects, provides, or gathers a specific native plant variety or any part of the said plant variety to improve the species, study, experiment, or research for commercial utilization must enter into an agreement to share the benefits received from the usage of such specific native plant variety. In allowing any person to perform the said acts and enter into a benefit-sharing agreement, the local administrative organization, group of agriculturists or cooperatives which has received the certificate of registration of the specific native plant variety, with the concurrence of the Board, shall be the performer of juristic act representing the community. Any dispute in connection with allocation of benefits shall be settled by the Board and its decision shall be final.

MODIFICATION OF PROTECTION AFTER GRANTING

Duration: the provisions regarding the validity of registration of “new plant varieties” shall be applicable to certificates of registration of specific native plant varieties, whose validity period may be extended by ten years at a time if permission is given by the Director General.

FILING

Applicant: any person who collects, provides, or gathers a general native plant variety, wild plant variety, or any part of the said plant variety in order to improve the species, study, experiment, or research for commercial utilization, must obtain permission from the competent official and enter into an agreement to share benefits in accordance with the rules, procedures, and conditions prescribed in Ministerial Regulations. A share of the income under the benefit-sharing agreement shall be deposited into the Plant Variety Protection Fund. The benefit-sharing agreement must at least have the following particulars: (1) purposes of collecting or gathering the plant variety; (2) quantity or amount of specimen required of the plant variety; (3) obligations under the license; (4) prescription for ownership of intellectual property of the work in species improvement, study, experimentation, or research arising from the usage of the plant variety; (5) prescription for quantity, rate, and time period of a benefit share according to the agreement on sharing of benefits of the product acquired from usage of the plant variety; (6) validity period of the agreement; (7) cancellation of the agreement; (8) prescription for method of resolving disputes; and (9) other particulars prescribed in ministerial regulations.

Protectable: “General native plant variety” under this Act means a plant variety which originates or exists in the country and has been used widely, and shall include a plant variety that is not a new plant variety, a specific native plant variety, or a wild plant variety. “Wild plant variety” under this Act means a plant variety that exists or used to exist in the country in a natural state and has not been used widely for cultivation.