Plant varieties per se are not patentable subject-matter under the Patent Act, but any process for obtaining new plant varieties may be patentable, provided that it is new, involves an inventive step and is capable of industrial application. (Plant varieties are, however, protected under the Plant Varieties Protection Act, B.E.2542 (1999), see the reply to question B.4)
[Answer B.4(a): The protection of new plant varieties in Thailand is under the Plant Varieties Protection Act, B.E.2542 (1999) (IP/N/1/THA/P/1).]
[Answer B.4(b): According to Section 3 of the Act, plant variety means a plant grouping of similar or identical genetic and botanical characteristics, with particular features which are uniform, stable and distinct from other grouping in the same species of plant and shall include trees, the propagation of which is conducive to the plant grouping of the aforesaid features.]
[Answer B.4(c): According to Sections 11 and 12 of the Act, the conditions required for the protection of new plant varieties are novelty, distinctness, uniformity, stability, not exploited in or outside the Kingdom for more than one year and distinct from other plant varieties existing on the date of filing the application.]
[Answer B.4(d): According to Sections 52 and 53 of the Act, subject-matters are: a person who collects, procures or gathers general domestic plant varieties, wild plant varieties or any part of such plant varieties for the purposes of variety development, education, experiment or research for commercial or non-commercial purposes shall make a profit-sharing agreement and comply with the Regulation prescribed by the Commission.]
[Answer B.4(e): The Plant Varieties Protection Act, B.E.2542 has granted protection only for the new plant varieties derived from any germplasm.]
[Answer B.4(f): The right holder of a new plant variety.]
[Answer B.4(g): The application for registration of a new plant variety should be made in accordance with the subject-matters in Section 19 of the Act. A breeder who applies for registration should declare the details and procedures prescribed in the Ministerial Regulation. The application would be examined by the competent official and considered by the Director-General of the Department of Agriculture, Ministry of Agriculture and Cooperatives which is the authority in charge of administering the rights.]
[Answer B.4(h): The Plant Varieties Protection Act, B.E.2542 provides the right holder of a new plant variety to have the exclusive right to produce, sell or distribute in any manner, import, export or possess for any purpose, the propagating material of the new plant variety.]
[Answer B.4(i): - acts performed for research or experimental purposes; Yes, there are exceptions under the Act to the rights for research or experimental purposes in Section 33, paragraph 2. - acts performed to develop new varieties of plants; Yes, there are exceptions under the Act to the rights for developing new varieties of plants in Section 33, paragraph 2. - acts performed to commercialize such newly developed varieties; Yes, there are exceptions under the Act to the right to commercialize such newly developed varieties in Section 33, paragraphs 1 and 2. - any “farmer’s privilege” (e.g. acts performed by a farmer on his own land in respect of seed saved from the previous harvest); Yes, there are exceptions under the Act to the rights for "farmer's privilege" in Section 33, paragraph 4. - acts done privately and for non-commercial purposes; Yes, there are exceptions under the Act to the rights for doing privately and non-commercial purposes in Section 33, paragraph 5. - compulsory licensing. Yes, there is compulsory licensing under the Act in Sections 36 and 37. The Minister of the Ministry of Agriculture and Cooperatives with the approval of the Commission, has the power to issue a Notification prohibiting the production, sale, distribution in any manner, importation or exportation of new plant varieties for the period of time. The Director-General of the Department of Agriculture, with the approval of the Commission, has the power to authorize the use of the right holder of a new plant variety in case of no sale or insufficient of the propagating material of that new plant variety.]
[Answer B.4(j): According to Section 31 of the Act, the variety protection right shall expire at: - The end of the 12th calendar year following the date of the registration of its establishment for biennials. - The end of the 17th calendar year following the date of the registration of its establishment for trees. - The end of the 27th calendar year following the date of the registration of its establishment for tree-based utilizations.]
[Answer B.4(k): According to Section 32 of the Act, the right holder of a new plant variety may authorize any person to use his rights in his new plant variety or may assign such rights to other persons.]
[Answer B.4(l): According to Sections 61 and 62 of the Act, the infringement of the right of the right holder of a new plant variety and a local domestic plant variety would be ordered by the Court to pay the right holder such an amount of compensation as the Court deems appropriate. All infringing plant varieties are confiscated by the Court and proceeded by the Department of Agriculture with the approval of the Commission. According to Sections 63-68 of the Act, any person who commits an offence shall be punished by imprisonment for a term of not more than two years or by a fine not exceeding four hundred thousand Baht (B 400,000) or both.]