Plant Varieties Protection Act BE 2542 (1999)

The PVPA protects the following varieties:

i.  Local Domestic Plant Varieties

ii. Wild Plant Varieties

iii. General Domestic Plant Varieties

 which are:

-  Novel

- Distinct

- Uniform

- Stable

The PVPA protects the following varieties:

i.  Local Domestic Plant Varieties

ii. Wild Plant Varieties

iii. General Domestic Plant Varieties

The PVPA does not protect new varieties if the denomination given to such variety:

i. is not capable of identifying such variety;

ii. misleads or causes confusion concerning the characteristics, value identity of such variety of the identity of the breeder of such variety;

iii.  is not different from every denomination designating a variety of the same botanical  species or of a closely related species registered under the Act;

iv.  has a severe and adverse impact directly or indirectly on the environment, health or public welfare.

PartityPatents through it's associate Law Firms in Thailand, is at hand to help you with Plant Varieties protection and registration. 

Application made for protection under the PVPA  to conform to  the following requisites:

·       Name and particulars of essential features of the new plant variety;

·      Name of the breeder involved in the breeding and development of the new plant variety;

·       Details showing the origin of the new plant variety regarding:

-        Its breeding process;

-        Comprehensive details regarding the breeding process.

·       Statement complying with the deposit of propagating material and the genetic material used in the breeding / development of the new plant variety with the authorities for examination;

·       Agreement regarding profit sharing wherein :

-        A general domestic variety

-        A wild plant variety

Or any part of the above has been used in the breeding for a commercial purpose.

-  Upon receipt of the application and the contents therein being appropriate with law, the application is accepted.  Else, the Registrar may direct the applicant to carry out the necessary amendments.

-   The plant variety’s conformity with prescribed regulations.

-  Upon the authorities being satisfied regarding application being in order shall publish the application.

-    Interested 3^rd parties may file objection to grant of plant variety within 90 days from the date of publication.

-     Application found to be in compliance with all the requisites and there being no objection or having successfully overcome objections if any, is granted registration and certificate of registration issued.

Duration of Registration and Rights of Owners:

·   Fruit bearing plants – 12 yrs. to 17 yrs. from the date of grant, depending on the propagating material.

·        Trees – 27 yrs. from the date of grant.

The owner of the new plant variety has the following rights:

-  Authorise any person to use his rights in the new plant variety

-  Assign his rights in the new plant variety to other persons

-  The Owner has the exclusive rights to produce, sell, distribute in any manner, import, export, possess the propagating material in the new plant variety for any of the acts mentioned above.