COUNTRY : KINGDOM OF THAILAND
CAPITAL : BANGKOK
LANGUAGE : THAI
Plant Variety Protection Office in Thailand is managed by Ministry of Agriculture and cooperative.
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.
Following
persons may individually or jointly with other persons file applications
seeking protection under the PPVFR:
i. Persons claiming to be the breeder of the variety;
ii. Successors of the breeder of the variety;
iii. Employers
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 3rd 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.
After expiry of 3 yrs. from the date of issue of certificate of registration, any interested 3rd party may make an application to the authorities seeking compulsory license stating that :
· There has been no sale of the propagating material of that new variety.
· Sales in insufficient quantities hence, unable to fulfil needs of the people at large.
Unjustified exorbitant prices of
So. No. |
Assignment |
Fee US$ |
1 |
Filing of an application |
800.00 |
2 |
Publication |
150.00 |
3 |
Grant Fee |
150.00 |
4 |
Annuity |
200.00 |
Note
that the estimate for each step of prosecution does not includes tax and
disbursements and expenses which may be charged at actual cost.
The estimate also does not include fees for conducting trial growth and maintenance of trial plot, in the event that the applicant would like the Department of Agriculture conduct the trial growth on their behalf. The estimate cost in connection with the matter (based on our discussion with the Office for other kind of plants) may reach US$ 3500.
During prosecution of filing, the applicant may be requested to send propagating materials for conducting growth trail to determine DUS of the variety. Our fee as listed above do not includes and service which may directed to providing assistance and services for bringing in the materials (for example, dealing with imports proceeding, obtaining for licenses or permits, etc.)
Also, the cost estimate is exclusive of any translation of documents. Detail description of the verity and its breeding methods must be translated into Thai for submission with the application. Our translation fee is (around USD3) per line.