Plants Varieties, Its registration, and the Protection of Rights
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
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- 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 party1.
Also, the registrable NPV must have the characteristics as specified by law, such as2:
- A. Registration of NPV
| No. | Criterion | Details |
|---|---|---|
| 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. |
|
| 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:
|
1Plants Variety Protection Act, B.E. 2542, Section 15.
2Plants Variety Protection Act, B.E. 2542, Section 12.
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.
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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. An applicant will receive a certificate of a NPV registration and shall be the right holder of such NPV. By that, right holder is eligible for the following actions;
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| No. | Rights | Details |
|---|---|---|
| Exclusive Rights | The right holder shall 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 of imprisonment, a fine of up to 400,000 Baht, or both. |
|
|
Permitting Rights |
The right holder may authorize any person to exercise his rights or transfer the rights to other persons. |
|
|
Right to damages |
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. |
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C. Duration of protection
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3Manual 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
4Plants Variety Protection Act, B.E. 2542, Section 30.
5Plants Variety Protection Act, B.E. 2542, Section 29.
6Plants Variety Protection Act, B.E. 2542, Section 29 Paragraph 1.
The Certificate of a NPV registration shall be valid for the following periods7:
| No. | Types | Duration |
|---|---|---|
|
NPV which bears fruits after being cultivated for less than 2 years |
12 years | |
|
NPV which bears fruits after being cultivated for over 2 years |
17 years |
|
|
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.
-
They can be reach at corporate@ilawasia.com
7Plants Variety Protection Act, B.E. 2542, Section 31.
Remark: This newsletter is not intended to provide legal advice. It is for informational purposes only and should not be considered a substitute for professional legal consultation.
Trademark Monitor event
On 28th February 2025, Dr. Pollawat Suppattarasaet, Partner at ILAWASIA Co., Ltd., attended the Trademark Monitor event, which was organized by the Department of Intellectual Property under the Ministry of Commerce.
This event brought together key stakeholders in the intellectual property sector, providing valuable insights into current trends and challenges in trademark protection and enforcement.
Thailand Petroleum 25th Onshore Bidding Round: Invitation for Petroleum Exploration and Production Rights
IN BRIEF
The Ministry of Energy has announced a new 25th bid-round of applications for petroleum exploration and production rights, focusing on onshore blocks, offering exciting opportunities for both domestic and international investors, covering 9 exploration blocks across the Northeastern and Central regions of Thailand, spanning approximately 33,000 square kilometers.
KEY TAKEAWAYS
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- A. Bid Blocks Overview
The petroleum exploration blocks are located in two main regions of Thailand:- ➢ Northeastern Region (7 Blocks) – Covering approximately 25,000 sq. km. in 14 provinces, including Nong Bua Lam Phu, Udon Thani, Khon Kaen, Sakon Nakhon, Kalasin, Maha Sarakham, Nakhon Phanom, Mukdahan, Yasothon, Amnat Charoen, Chaiyaphum, Nakhon Ratchasima, Buriram, Roi Et and Surin.
- ➢ Central Region (2 Blocks) – Covering approximately 7,900 sq. km. in 6 provinces, including Phetchabun, Chaiyaphum, Lopburi, Ratchaburi, Kanchanaburi, Nakhon Pathom and Suphanburi.
- B. Qualifications for Applicants
- ➢ Company Qualification
- • Legally registered company with petroleum exploration and production as company objective.
- • None history of concession abandonment in Thailand, and their directors, shareholders, and authorized signatories must not be blacklisted from previous concessions.
- ➢ Financial & Technical Capabilities Qualification
- • Company must demonstrate financial stability with minimum shareholder’s equity of 100 million Baht and a current ratio of at least 1.0 for two out of the past three years, along with proven technical expertise and equipment from the past 5 years.
If a company lacks these qualifications, the company must be partner with a government-approved company that can guarantee financial and technical support.For joint applications, each participating company must meet all Company Qualification, Financial & Technical Capabilities Qualification requirements.
- • Company must demonstrate financial stability with minimum shareholder’s equity of 100 million Baht and a current ratio of at least 1.0 for two out of the past three years, along with proven technical expertise and equipment from the past 5 years.
- ➢ Company Qualification
- C. Applicant’s Financial Requirements
The application process requires two types of financial obligations:- ➢ Application fee: A non-refundable fee of 50,000 Baht per application, payable in cash on the submission date.
- ➢ Bid Bond 3,000,000 Baht is required, provided as an unconditional and irrevocable bank guarantee from a commercial bank operating in Thailand. The bond must be valid for 1 year which will be returned upon application rejection or successful concession signing.
- D. Selection Criteria
Applicants for petroleum exploration and production rights must meet specified qualifications and submit a petroleum exploration project proposal. Evaluation will be based on:- ➢ Work and Financial Commitment Obligations (80 points) Assessed from proposals during both exploration commitment periods, considering alignment with the geological rationale of the exploration block and the appropriateness of the budget.
- ➢ Special Benefits Offered to the State (20 points) Assessed from proposals of special benefits that comply with specified conditions.
- The application process requires two types of financial obligations:
- E. Bidding Days
Applications will be accepted from July 9, 2025 to July 16, 2025 (or until further amendments) during official working hours. - F. Contractual Right & Obligations
Petroleum concession holders get a 6-year exploration period, extendable once for 3 years (9 years total), followed by a 20-year production period, extendable once for 10 years (30 years total). All extensions require compliance and 6-month advance notice. Concessionaires must comply with all laws and regulations regarding the use of government-owned land and cannot claim any expenses or damages if unable to access exploration areas or production sites on government property.This bidding round presents a significant opportunity for petroleum industry investors to secure exploration and production rights in Thailand.
- A. Bid Blocks Overview
CONCLUSION
With extensive experience in regulatory compliance, cross-border energy transactions, and sector-specific legal frameworks, ILAW ASIA provides expert legal counsel to navigate the complexities of Thailand’s petroleum laws and licensing processes. Our team has a deep understanding of upstream and downstream energy operations, covering areas such as concession agreements, production-sharing contracts, environmental compliance, and negotiations with government authorities. Leveraging our strong regional presence and industry expertise, we assist clients in mitigating risks, ensuring regulatory adherence, and optimizing investment strategies for successful participation in Thailand’s energy sector.
AUTHOR
- ➢ Tanadee Pantumkomon, Partner, Power, Energy, and Major Projects Department;
- ➢ Wachinorot Siladet, Associate, Corporate & Commercial Department and
- ➢ Anantamet Senpan, Paralegal, Corporate & Commercial Department.
They can be reach at corporate@ilawasia.com
Remark: This newsletter is not intended to provide legal advice. It is for informational purposes only and should not be considered a substitute for professional legal consultation.
Dr. Pollawat to Present at Patent Professional Program, organized by the Thai Department of Intellectual Property (DIP)
Dr. Pollawat Suppattarasaet, IP Partner and Patent Agent, ILAWASIA Co., Ltd, is honored to be invited as a lecturer for the Patent Professional Program (Batch 4) on the topic “Developing Skills for Becoming a Patent Agent” (การพัฒนาทักษะเพื่อเตรียมความพร้อมสู่การเป็นตัวแทนสิทธิบัตร) on February 28, 2025. This program, organized by the Thai Department of Intellectual Property (DIP), aims to equip professionals with essential knowledge and practical skills in patent law, application procedures, and intellectual property protection. Dr. Pollawat looks forward to sharing insights and expertise to support the development of future patent professionals in Thailand.
ILAWASIA and Its Regional Offices Recognized in the Latest AsiaIP Rankings 2025
ILAWASIA and our regional offices have once again been recognized for our outstanding work in Intellectual Property Law.
🏆 Thailand – Ranked in Copyright, Trademarks & Patents
🏆 Cambodia – Tier 2 in Patents & Trademarks
🏆 Laos – Tier 2 in Patents
We are grateful for the continued trust of our clients and the dedication of our incredible team! 💼💡
Source: https://www.asiaiplaw.com/law-firm
#ILAWASIA #AsiaIP #AsiaIPProfiles2025
Expand Your Business with Expert Legal Guidance
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ILAWASIA Recognized in AsiaIP Copyright Surveys 2025 for the Fourth Consecutive Term
ILAWASIA is proud to announce its continued recognition in the AsiaIP Copyright Surveys 2025, marking the fourth consecutive term of this prestigious acknowledgment. This achievement underscores our firm’s expertise in intellectual property law, particularly in copyright protection, enforcement, and advisory services across Southeast Asia.
Our consistent ranking reaffirms ILAWASIA’s commitment to delivering high-quality legal services in the ever-evolving landscape of copyright and intellectual property rights. We extend our gratitude to our clients and partners for their trust and support, which drives us to maintain our excellence in IP practice.
#AsiaIP #CopyrightFirm
