COUNTRY : KINGDOM OF THAILAND
CAPITAL : BANGKOK
LANGUAGES : TAHI & ENGLISH
INTERNATIONAL TREATIES TO WHICH THAILAND IS SIGNATORY
- Paris Convention for the protection of Industrial Property.
- Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
PLANT BREEDERS RIGHTS LEGISLATION:
Plant Varieties Protection Act BE 2542 (1999)
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
The PVPA protects the following varieties:
- Local Domestic Plant Varieties
- Wild Plant Varieties
- General Domestic Plant Varieties
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The PVPA does not protect new varieties if the denomination given to such variety:
- is not capable of identifying such variety;
- misleads or causes confusion concerning the characteristics, value identity of such variety of the identity of the breeder of such variety;
- is not different from every denomination designating a variety of the same botanical species or of a closely related species registered under the Act;
- has a severe and adverse impact directly or indirectly on the environment, health or public welfare.ParityPatents Law Firms through its Attorney and Law Firms in Thailand is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
Following persons may individually or jointly with other persons file applications seeking protection under the PPVFR:
- Persons claiming to be the breeder of the variety;
- Successors of the breeder of the variety;
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
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.
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- 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.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
- 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
- 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.
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
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 the registered plant variety.ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Thailand, can assist you comprehensively with PBR Compulsory Licence matters.