Thai Plant Variety Protection Act (1999)
Thai PVP System vs. Typical TRIPS⁄UPOV Patent System
- 'Farmers Privelege' (farmer saved seed) exemption
- Existing varieties (traditional knowledge) protected
- 2 categories of plant varieties
- Exclusive commercial rights, with the following exceptions:
- Unintentional use of it as propagating material
- Education, study, experiment or research relating to a protected new plant variety for the purpose of breeding or developing plant varieties (BREEDER'S EXEMPTION)
- The cultivation or propagation by a farmer of a protected new plant variety from the propagating material made by the farmer, provided its cultivation or propagation by farmers may be made in the quantity not exceeding three times the quantity obtained (FARMER'S EXEMPTION)
- Sale or distribution by any means, importation or exportation, or possession for the purpose of any of the aforesaid activities, of the propagating material of the protected new plant variety which has been distributed by the right holder or with the right holder’s consent (LICENSING)
- Confer equivalent rights as new plant variety registrations to owners
- Include benefit-sharing rules
- a plant variety which exists only in a particular locality and has never been registered as a new plant variety (local community rights)
- a plant variety originating or existing in the country and commonly exploited
- a plant variety which currently exists or used to exist in a natural habitat and has not been commonly cultivated
- ALL plant varieties within Thailand are subject to state sovereignty