ILAWASIA CO.,LTD. | View firm profile
IN BRIEF
Developers or breeders who invest in the plant variety development process should be legally protected. Under Thai law, protection is provided through the registration of new plant varieties (“NPV”) under the Plant Variety Protection Act, B.E. 2542 (1999) (“PVPA”). This aligns with the objectives of the PVPA, which aims to create an incentive by granting legal rights and protection to NPV.
KEY TAKEAWAYS
A. Registration of NPV
To register an NPV, an applicant must be a qualified breeder with the characteristic prescribed by law such as: 1) being of Thai nationality or being a juristic person with headquarter located in Thailand, 2) being of the nationality of a country that allows a Thai national or juristic person with headquarter located in Thailand to apply for protection within that country, 3) being of the nationality of a country which is a party to an international convention or agreement on plant variety protection to which Thailand is also a party, or 4) currently residing or having proper industrial or commercial enterprise in Thailand or in a country which is a party to an international convention or agreement on plant variety protection to which Thailand is also a party[1].
Also, the registrable NPV must have the characteristics as specified by law, such as[2]:
| No. | Criterion | Details |
| 1. | Being NPV | It has not been exploited by sale, trade, or any other means, within or outside the Kingdom of Thailand, by the breeder or with their consent for more than 1 year before the application date for registration. |
| 2. | Distinctive | It is distinguishable from other recognized plant varieties (“PV”) as of the application date, including distinctions related to cultivation, consumption, pharmaceutical use, production, or processing, including the distinctions from the following PVs:
(a) PV registered within or outside the Kingdom of Thailand before the application date; or (b) PV submitted for registration in the Kingdom of Thailand that are subsequently registered. |
Once all qualifications are met, an application must be submitted to the Department of Agriculture (“Department”), Ministry of Agriculture and Cooperatives, which will be reviewed and processed by the officer. Thereafter, it will be published by the Director-General of the Department of Agriculture. After the publication, any person who believes that, they have a superior right to the NPV application, or that the registration fails to meet legal requirements may file an objection with an official within 90 days from the publication date.
Please note that the entire registration process, without objections, may take around 30-34 months, as planting the NPV is also part of the registration process.[3]
B. Protection of Rights of Holders of Certificate of a NPV Registration
After approval of the NPV, the Director-General will announce the name of the NPV that has been registered[4]. An applicant will receive a certificate of a NPV registration[5] and shall be the right holder of such NPV[6]. By that, right holder is eligible for the following actions;
| No. | Rights | Details |
| 1. | Exclusive Rights[7] | The right holder will have the exclusive right to produce, sell, trade, import, export, or possess its seeds and propagating material for these purposes.
Anyone acting without the right holder’s consent shall face up to 2 years’ imprisonment, a fine of up to 400,000 Baht, or both[8]. |
| 2. | Permitting Rights[9] | The right holder may authorize any person to exercise his rights or transfer the rights to other persons.
The transfer of rights must be made in writing and registered. |
| 3. | Right to damages[10] | The court may order the violator of the exclusive rights to compensate the right holder in an amount the court deems appropriate, considering the nature of the damage, loss of interests, and enforcement costs. |
C. Duration of protection
The Certificate of a NPV registration shall be valid for the following periods[11]:
| No. | Types | Duration |
| 1. | NPV which bears fruits after being cultivated for less than 2 years
|
12 years |
| 2. | NPV which bears fruits after being cultivated for over 2 years
|
17 years |
| 3. | NPV which its parts can be used after being cultivated for over 2 years
|
27 years |
CONCLUSION
In summary, developers, or breeders of a protected NPV under the PVPA will have the exclusive rights over its production, sale, trade, and distribution. In an event of act of unlawful production, sell, trade, importation, exportation, or possession, the right holder of the NPV may exercise the legal rights to the courts to stop the violator and to compensate for the damages and losses. The violator may also be subject to penalty of up to 2 years’ imprisonment, a fine of up to 400,000 Baht, or both.
At ILAWASIA CO., LTD., we have over 17 years of expertise in plant variety protection, litigation and enforcement in Thailand, Myanmar, Cambodia, and Laos. With our extensive experience, we are well-equipped to assist your business in achieving its goals while minimizing legal risks relating to this NPV protection and enforcement. We are committed to helping you succeed.
AUTHOR
- Tanadee Pantumkomon, Partner, Corporate & Commercial Department.
- Kornkod Suk-aram, Associate, Corporate & Commercial Department.
Footnotes
[1] Plants Variety Protection Act, B.E. 2542, Section 15.
[2] Plants Variety Protection Act, B.E. 2542, Section 12.
[3] Manual on the Registration of new plant varieties under the Plant Varieties Protection Act B.E. 2542. (n.d.). Information Center for Contacting Government Officials. Retrieved February 20, 2025, from https://bit.ly/417KW7X
[4] Plants Variety Protection Act, B.E. 2542, Section 30.
[5] Plants Variety Protection Act, B.E. 2542, Section 29.
[6] Plants Variety Protection Act, B.E. 2542, Section 29 Paragraph 1.
[7] Plants Variety Protection Act, B.E. 2542, Section 33.
[8] Plants Variety Protection Act, B.E. 2542, Section 64.
[9] Plants Variety Protection Act, B.E. 2542, Section 32.
[10] Plants Variety Protection Act, B.E. 2542, Section 61.
[11] Plants Variety Protection Act, B.E. 2542, Section 31.