WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/THAIP/l 
13 November 2000 
(00-4806) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
THAILAND 
The present document reproduces the text! of the Plant Varieties Protection Act B.E. 2542 
(1999), as notified by Thailand under Article 63.2 of the Agreement (see document IP/N/lITHAIl). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
THAILANDE 
Le present document contient le texte1 de la Loi B.E.2542 (1999) sur la protection des 
varietes vegetales, notifiee par la ThaIlande au titre de l'article 63:2 de I'Accord (voir le document 
IP/N/lITHAIl ). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL P ARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
TAILANDIA 
En el presente documento se reproduce el texto! de la Ley de Protecci6n de las Obtenciones 
Vegetales de 1999 (2542 e.b.), notificada por Tailandia en virtud del parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/lITHAIl). 
J In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.lEn anglais seulement. Les delt~gations interessees peuvent consulter le 
texte dans sa langue d'origine, au Secretariat de l'OMC.fEn ingles solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IPINII/THA/PIl 
Page 2 
that: PLANT VARIETIES PROTECTION ACT, B.E. 2542 (1999)· 
BHUMIBOL ADUL Y ADEJ, REX. 
Given on the 14th Day of November B.E. 2542; 
Being the 54th Year of the Present Reign. 
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim 
\,yhereas it is expedient to have the law on plant varieties protection; 
Whereas this Act contain cer1ain provisions relating to the restriction of 
rights and liber1ies of a person, which section 29 in conjunction with section 48 
and section 50 of the Constitution of the Kingdom of Thailand allow to be done 
by virtue of law; 
Be it, therefore, enacted by the King, by and with the advice and 
consent of the National Assembly, as follows: 
Section I. This Act shall be called the "Plant Varieties Protection 
Act, B.E. 2542 (1999)" 
Section 2. This Act sh311 come into force as from the day following 
the date of its publication in the Govcmment Gazette. . 
CHAPTER) 
General Provisions 
Section 3. [11 this Act, 
"plant" means a liVIng organism in the kingdoms of plants and shall 
include mushroom and seaw'eed but exclude other micro-organisms; 
• Tentative translation by Dr. Pinai Nanakorn, legal officer of the Foreign Law Division 
of the Office of the Council of State The translation is prepared in the translator's 
own capacity on a gratuitous basis and as the translator's favour to the 
Department of Agriculture and the Office of the National Plant Varieties 
Protection, lVlinistry of Agriculture and Co-operatives for their presentation to 
UPOV. The translator, however, reserves full copyrights in this translation. The 
translator's permission must strictly be obtained for use of this literary work for any 
purpose other than for official use by the aforesaid agencies. 
• Published in Government Gazette, Vo!. 116, Part IISa, dated 25 November 1999. IP/N/lITHA/P/1 
Page 3 
"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; 
"local domestic plant variety" means a plant variety which exists only in 
a particular locality within the Kingdom and has never been registered as a new 
plant variety and which is registered as a local domestic plant variety under this 
Act; 
"wild plant variety" means a plant variety which currently exists or used 
to exist in the natural habitat and has not been commonly cultivated; 
"general domestic plant variety" means a plant variety originating or 
existing in the counuy and commonly exploited and shall include a plant 
variety which is not a new plant variety, a local domestic plant vatiety or a wild 
plant variety; 
"genetic material" mean the chemical matelial defining particular 
features of a living organism and capable of being a pattern for self-model and 
of passing to its next generation. 
"genetic modification" mean a process for the permanent combination of 
a genetic material originating from a living organism, be it a nahlral, induced or 
synthesized genetic material, with the initial genetic material of a given plant, 
thereby resulting in a characteristic unfound in its natural setting; 
"genotype" means the overall genetic data defIning the expression of 
characteristics of a living organism in conjunction with its environment; 
"propagating material" means a plant or any part thereof capable of 
producing a new plant by an ordinary agricultural means; 
"breeder" means a person who has bred or developed a variety and, as a 
consequence thereof, obtained a new plant variety; 
"locality" means a group of people residing and commonly inheriting 
and passing over culture continually and registered under this Act; 
"Commission" means the "Plant Variety Protection Commission; 
"competent official" means a person appointed by the Minister for the 
execution of this Act; 
"Director-General" means the Director-General of the Depatiment of 
Agriculture; 
"Minister" means the Minister having charge and conu'ol of the 
execution of this Act. 
Section 4. The Minister of Agriculture and Cooperatives shall have 
charge and control of the execution of this Act and shall have the power to 
appoint competent officials, issue Ministerial Regulations prescribing fees not IPINll ITHAIPI 1 
Page 4 
exceeding the rate attached hereto and prescribing other activities and issue 
Notifications for the execution of this Act. 
The Ministerial Regulations and Notifications shall come into force 
upon its publication in the Government Gazette. 
CHAPTER I 
Plant Variety Protection Commission 
Section 5. There shall be a Plant Variety Protection Commission 
conslstmg of Pennanent Secretruy of the Minisuy of Agriculture and 
Cooperatives as Chamnan, SecretalY-General of the Consumer Protection 
Board, Director-General of the Department of Intemal Trade, Director-General 
of the Depruiment of Intellectual Property, Director-General of the Department 
of Fisheries, Director-General of the Royal Forest Department, Director­
General of the Department of Agriculture Extension, Director of the National 
Genetic Engineering and Biological Technology, Director of the Institute of 
Thai Traditional Medicine, Director of the Botanic Gardens Organisation, and 
twelve qualified members appointed by the Council of Ministers as members, 
provided that six must be appointed from fanners, one from academics in the 
field of plant variety breeding in educational institutions, one from academics 
in the field of natural resources conservation in educational institutions, two 
from representatives of non-govemmental organisations not seeking profit 
whose activities are related to agriculture and natural resource conservation, 
and two from representatives of associations whose objects involve the 
breeding and propagation of plant varieties, as members and Director-General 
of the Depruiment of Agriculture as member and secretalY. 
Qualified members who are fanners must have experience in the 
conservation, development or exploitation of plant varieties and shall be 
selected from the nomination made by agricultural groups, clubs, associations, 
frumers' groups or agricultural co-operatives of all regions, and there shall be at 
least one member from each region. 
Qualified members from non-governmental organisations not seeking 
profit and whose activities are related to agriculture and natural resource 
conservation under pru'agraph one shall be selected from the nomination made 
by such non-govemmental organisations. 
The selection of qualified members shall be in accordance with the rules 
and procedure prescribed in the Ministerial Regulation. 
Section 6. The Commission shall have the following powers and duties: 
(1) to submit recommendations to the Minister on the issuance of 
Ministerial Regulations and Notifications under this Act, IP/N/lITHAIPIl 
Page 5 
(2) to consider and decide appeals against orders of the Director-General 
under section 25 and section 26; 
(3) to give opinions or advice to the Minister with regard to the 
execution of this Act; 
(4) to prescribe regulations with regard to the studies, experimentation, 
research, breeding or development of or into plant varieties from local domestic 
plant varieties, general domestic plant varieties and wild plant varieties or any 
paIi thereof; 
(5) to prescribe regulations with regard to the management of the Plant 
Varieties Protection Fund; 
(6) to lay down rules and procedure for giving special remuneration to 
State employees or officials who have bred new plant varieties for the agencies 
to which they are attached; 
(7) to determine agencies or institutions to be authorised to examine and 
appraise biological and environmental safety impacts; 
(8) to perform such other acts as prescribed by law to be under the 
responsibility of the Conunission. 
Section 7. A qualified member shall hold office for a term of two years. 
The outgoing qualified member may be re-appointed but may not serve 
for more than two consecutive terms. 
Section 8. In addition to the vacation of office upon the expiration of the 
term under section 7, a qualified member vacates office upon: 
(1) death; 
(2) resignation; 
(3) becoming a bankrupt; 
(4) being an incompetent or a quasi-incompetent person; 
(5) having been imprisoned by a final judgment to a term of 
imprisonment, except for an offence committed through negligence or a petty 
offence. 
In the case where the qualified member vacates office before the 
expiration of telID, the Council of Minister shall appoint other person to fill the 
vacancy, but if less than ninety days remain in the telID of office of the 
qualified member, such appointment may be omitted. The person who is 
appointed to fill the VaCaI1CY shall be in office for the remaining term of the 
person he replaces. 
Section 9. At a meeting of the Commission, the presence of not less than 
one-half of the total number of members is required to constitute a quorum. IPINllITHA/PIl 
Page 6 
If the Challman is not present at the meeting or is unable to perform the 
duty, the members present shall elect one among themselves to preside over the 
meeting. 
A decision of the meeting shall be by a majority of votes. Each member 
shall have one vote. In the case of an equality of votes, the presiding chairman 
shall have an additional vote as a casting vote. 
In the case where a member is directly or indirectly interested in any 
particular matter, that member shall not attend the meeting. 
Section 10. In the performance of duties under this Act, the Commission 
has the power to appoint a sub-committee for perfonning such act as entrusted 
by the Commission. 
A sub-committee under paragraph one shall have the same powers and 
duties as those of the Commission in respect of the matter entrusted. 
Section 10 shall apply mutatis mutandis to a meeting of a sub­
committee. 
CHAPTERII 
Plant Varieties 
Section 11. A plant variety under this Act shall be of the following 
descriptions: 
(1) belllg of UnifOlmity in the particular features of the variety in respect 
of shape and appearance or in respect of other characteristics resulting from the 
expression of the genotype specific to such plant variety; 
(2) being stable in the particular features of the variety which are 
capable of expressing such particular features in every cycle of the production 
of the propagating material of such plant; 
(3) having the particular features distinct from other varieties in respect 
of shape or appearance, or having any characteristic resulting from the 
expression of the genotype distinct from other plant. 
The description of a plant variety under (1) shall not apply to a wild 
plant variety. 
CHAPTER III 
Protection of New Plant Varieties IP/NIl/THA/PI 1 
Page 7 
Section 12. A plant variety capable of registration as a new plant variety 
under this Act shall be of the following descriptions: 
(1) being a plant variety the propagating material of which has not been 
exploited, whether by means of sale or distribution in any manner whatsoever, 
in or outside the Kingdom by the breeder or with the breeder's consent for 
more than one year prior to the date of filing the application; 
(2) being distinct from other plant varieties existing on the date of filing 
the application, provided that such distinctness is related to the feature 
beneficial to the cultivation, consumption, pharmacy, production or 
transfonnation, including the distinctness from the following plant varieties: 
(a) plant varieties already registered and protected, whether in or 
outside the Kingdom, prior to the date of filing the application; 
(b) plant varieties in respect of which application for registration 
has been made in the Kingdom and which will subsequently have been 
registered. 
Section 13. No registration under this Act shall be made of a new plant 
variety having a severely adverse impact, directly or indirectly, on 
environment, health or public welfare. 
A new plant variety derived from genetic modification may be registered 
as a new plant variety only upon a successful result of a safety appraisal with 
regard to envirollllent, health or public welfare conducted by the Department 
of Agriculture or other agency or institution designated by the Commission, in 
accordance with the rules and procedure prescribed in the Ministerial 
Regulation. 
Section 14. The Minister, with the approval of the Commission, may by 
publication in the Govenunent Gazette designate any particular type of plant as 
a new plant to which protection is to be afforded and any particular type of 
plant as being important to national security. 
Section 15. An applicant for registration of a new plant variety shall be 
a breeder with the following qualifications: 
(1) being of Thai nationality or being a juristic person having a head 
office in Thailand; 
(2) being of the nationality of a countIy allowing Thai nationals or 
juristic persons having head offices in Thailand to apply for protection in that 
country; 
(3) being of the nationality of a count1y which is a party to an 
intemational convention or agreement on the protection of plant varieties to 
which Thailand is also a party; IP/N/I/THA/P/l 
Page 8 
(4) having a domicile or canying out real and effective industry or 
business in Thailand or in a country which is a party to an international 
convention or agreement on the protection of plant varieties to which Thailand 
is also a party. 
Section 16. The right to apply for protection of a new plant variety the 
breeding of which was made by an employee or a contractor hired to work 
under a contract of employment or a contract of hire for the purpose of 
breeding a new plant valiety shall vest in the employer or the hirer, as the case 
may be, unless otherwise provided in the contract. In this connection, in 
registering the new plant variety, the employer or the hirer must also possess 
the qualifications under (1), (2), (3) or (4) of section 15. 
The right to apply for protection of a plant variety the breeding of which 
'was made by a State official in the perfOlmance of official duties shall vest in 
the agency to which that official is attached. 
If the employer, the hirer or the agency to which the State official is 
attached receives benefit from the breeding of the new plant vaIiety, that 
employee, contractor or State official shall be rewarded special remuneration in 
addition to his nonnal wages or salaries, as the case may be. 
The entitlement to the special remuneration under paragraph three shall 
be in accordance with the rules and procedure prescribed by the Commission. 
Section 17. If several persons have jointly bred or developed a new 
plant variety, these persons shall have the right to apply for registration thereof 
jointly. 
In the case where any joint breeder refuses to make a joint application 
for registration or cannot be contacted or does not meet the qualifications set 
forth in section 15, other joint breeder(s) may apply for registration of that new 
plant valiety jointly bred in his or their own names. 
The joint breeder who fails to join the application for registration may, 
at any time before the issuance of a certificate of registration of the new plant 
variety, submit an application for joining the former application. Upon receipt 
of the latter application, the competent official shall conduct an inquiry as to 
the applicant's eligibility therefor. For this purpose, the competent official shall 
notify the date of inqUilY, and fmmsh a copy of the application to the 
applicants and the joining applicant. 
In conducting the examination under paragraph three, the competent 
official may summon the applicants and the joining applicant to give statements 
or explanations or furnish documents or evidence for the purpose of 
consideration. The competent official shall, upon completion of the 
examination, submit his opinion to the Director-General. 'When the Director­
General has made a decision, it shall be notified to the applicants and the 
joining applicant. IP/N/l/THAIP/l 
Page 9 
Section 18. In the case where several breeders have individually bred or 
developed a new and identical plant variety without having done so jointly, the 
person who first files an application for the protection of the new plant variety 
shall have the right of priority. 
If the applications for registration of the new plant variety under 
paragraph one are filed on the same day, the applicants shall agree as to 
whether the rights thereto shall vest solely in one applicant or in several 
applicants jointly. If such an agreement cannot be reached within the time 
specified by the Director-General, the parties shall bring an action to the Court 
within ninety days as from the date of the expiration of the time specified by 
the Director-General. If no such action is brought to the Court within such 
time, those persons shall be deemed to have abandoned the applications for 
registration of the new plant variety. 
Section 19. The application for registration of a new plant variety shall 
be in accordance with the lUles and procedure prescribed in the Ministerial 
Regulation. 
An application shall have the following particulars: 
(1) the name of the new plant variety and particulars of essential features 
of the new plant variety; 
(2) the name of the breeder pa11icipating in the breeding or developing 
the new plant variety; 
(3) details showing the origin of the new plant variety or the genetic 
material used in the breeding of the variety or in the development of the new 
plant variety, including its breeding process, provided that details enabling 
clear comprehension of such process shall also be included; 
(4) a statement that the propagating material of the ne\-\' plant variety in 
respect of which the application for registration has been filed and the genetic 
material used in the breeding or in the development of the new plant variety 
under (3) will be furnished to the competent official for the purpose of 
examination thereof within the time specified by the competent official; 
(5) an profit-sharing agreement in the case where a general domestic 
plant variety or a wild plant variety or any pali thereof has been used in the 
breeding of the variety for a commercial purpose. 
(6) other items of paI1iculars as prescribed in the Ministerial Regulation. 
Section 20. The person who has filed an application for registration of a 
new plant variety outside the Kingdom may, if an application is filed for 
regish'ation of that new plant variety in the Kingdom within one year as from 
the date of the first filing of the application outside the Kingdom, make a 
request for having the date of first filing of the application for registration of 
the new plant variety outside the Kingdom specified as the date of filing of the 
application for registration of the new plant variety in the Kingdom, provided IP /Nil ITHA/P /1 
Page 10 
that the country in which the first filing of the application has been made grants 
the similar right to Thai nationals and the applicant is of the nationality of such 
country. 
The competent official may order the applicant under paragraph one to 
furnish a copy of the application for registration of the new plant variety filed 
in the foreign country together with its translation into Thai or other evidence 
within the time prescribed which shall not be less than ninety days. 
Section 21. In considering an application for registration of a new plant 
variety, the competent official shall examine the following: 
(1) examination of the compliance of the application with section 19; 
(2) examination as to the plant variety's confonnity 'with the description 
set out in section 11, its being of the descriptions specified in section 12, its 
freedom from prohibitions under section 13 paragraph one and its having the 
successful result of the appraisal under section 13 paragraph two. 
Provided that this shall be in accordance with the mles and procedure 
prescribed in the Ministerial Regulation. 
If there incurs any cost in the examination of that plant variety, the 
applicant for registration shall pay the actual cost to the competent official 
within sixty days as from the date of the receipt of the notification thereof by 
the competent official. In the case where the applicant fails to make payment 
within the specified time, the applicant shall be deemed to have abandoned the 
application. 
Section 22. When the competent official has made an examination llllder 
section 21, the competent official shall prepare and submit an examination 
report to the Director-General. 
When the Director-General has considered the examination report of the 
competent official under paragraph one and is of the opinion that the 
application for registration of the new plant variety is in compliance with 
section 19, the Director-General shall, within thirty days as from the date of the 
receipt of the repOli, make an order for the publication of such application at 
the actual expense of the applicant in accordance with the mles and procedure 
prescribed in the Ministerial Regulation. 
Section 23. Any person who considers that he has a better right than the 
applicant for registration of a new plant variety or that the application for 
registration of a new plant variety is not in compliance with section 12, section 
l3, section 15, section 16 or section 20 may submit an objection to the 
competent official within ninety days as from the date of the publication under 
section 22. 
Upon receipt of the objection under paragraph one, the competent 
official shall furnish a copy thereof to the applicant. The applicant shall submit IP/NI 1 ITHA/PI 1 
Page 11 
a counter-objection within ninety days as from the date of the receipt of the 
copy. If the applicant fails to submit the counter-objection within such period 
of time, the application for registration of the new plant variety shall be deemed 
as having been abandoned. 
The objection and counter-objection shall be accompanied by supporting 
documents. 
Section 24. For the purpose of the consideration of the objection and 
counter-objection, the person addressing the objection and the person 
addressing the counter-objection may give additional evidence or statements, in 
accordance with the Regulation prescribed by the Director-General. 
The Director-General shall have a decision on the objection and counter­
objection under paragraph one within sixty days as from the date of the receipt 
thereof from the competent official. 
Section 25. In the case where the Director-General gives a decision that 
the person addressing the objection has the better right than the applicant for 
registration of the new plant variety, the Director-General shall give an order 
rejecting the application for registration thereof. The applicant shall have the 
light to appeal to the Commission against the order of the Director-General 
within ninety days as from the date of the receipt of the notification of the 
Director-General's order. 
In the case where the applicant fails to appeal against the order of the 
Director-General or has made an appeal but the Commission makes a decision 
affimling the decision of the Director-General, if the person addressing the 
objection files an application for registration of the new plant variety within 
one hundred and eighty days as from the date of the receipt of the notification 
of the Director's order or the Commission's decision, as the case may be, it 
shall be deemed that the person addressing the objection files the application 
for registration on the day the initial applicant has filed the application and it 
shall also be deemed that the publication of the application for registration of 
the new plant variety filed by the initial applicant is the publication of the 
application filed by the person addressing the objection. 
Section 26. In the case where the Director-General gives a decision that 
the person addressing the objection has no right in the new plant variety in 
question, the Director-General shall reject such objection. 
The person addressing the objection shall have the right to appeal to the 
Commission against the order of the Director-General within ninety days as 
from the date of the receipt of the notification of the Director-General's order. 
The Commission shall have a decision on the appeal within ninety days 
as from the date of the receipt thereof. IP/N/I/THA/P/1 
Page 12 
Section 27. When the Commission has made a decision under section 25 
or section 26, the applicant for registration of the new plant variety or the 
person addressing an objection thereto, as the case may be, shall, if dissatisfied 
with the decision of the Commission, have the right to bring an action before 
the COUli within sixty days as from the date of the receipt of the notification of 
the decision. If no such action is brought within such period of time, the 
decision of the Commission shall be deemed final. 
In the case where the COUli gives a final order or judgment that the 
person addressing the objection duly has the right in the new plant variety, 
section 25 paragraph two shall apply mutatis mutandis. 
Section 28. If it appears that the application for registration of the new 
plant variety is not in compliance with section 12, section 13, section 15, 
section 16, section 19 or section 20, the Director-General shall give an order 
rejecting the application and the competent official shall notify the order to the 
applicant and to the person addressing the objection in the case where such 
objection has been made under section 23. 
If the rejection of the application for registTation of the new plant variety 
occurs after the publication under section 22, the rejection order shall be 
published and section 22 shall apply mutatis mutandis. 
Section 29. When the Director-General has thoroughly considered the 
examination report of the competent official and the registration process and 
finds no hindrance to the registration of the new plant variety, the Director­
General shall give an order for the registration thereof. 
The applicant shall pay the fee for the issuance of a certificate of 
registration of the new plant variety within sixty days as from the date of the 
receipt of the notification thereof. If the applicant fails to pay the fee within the 
specified time, it shall be deemed that the application is abandoned. 
Upon payment by the applicant of the fee under paragraph two, the 
competent official shall effect the registration of the new plant variety and issue 
a celiificate of registration thereof to the applicant within seven days as from 
the date of the receipt of the fee. If the applicant fails to make payment of the 
fee within the time specified, the application shall be deemed to have been 
abandoned. 
A celiificate of registration of a new plant variety shall be in accordance 
with the fonn prescribed in the Ministerial Regulation. 
Section 30. The Director-General shall publish m the Govenunent 
Gazette new plant varieties registered under tills Act. 
Section 31. The celiificate of regish·ation of a new plant variety shall be 
valid for the following terms: IPIN/1/THAlPll 
Page 13 
(1) in respect of the plant which is capable of giving such fruits as 
expected of the specific features of the variety after the cultivation of its 
propagating material within the period of not over two years: twelve years; 
(2) in respect of the plant which is capable of giving such fruits as 
expected of the specific features of the variety after the cultivation of its 
propagating material within the period of over two years: seventeen years; 
(3) in respect of the plant which is of tree-based utilisation and capable 
of giving fruits in accordance with the specific features of the variety after the 
cultivation of its propagating material within the period of over two years: 
twenty seven years. 
The telm of the certificate of registration of the new plant variety under 
paragraph one shall commence as from the date of its issuance. 
Section 32. The person to whom a certificate of registration of a new 
plant vmiety is issued is the light holder of such new plant variety. 
The right holder of the new plant variety may authorise any person to 
use his rights in his new plant vm'iety or may assign such rights to other 
persons. 
In the case where several persons are joint-light holders, the assignment 
or authorisation may be made only with the consent of all right holders. 
The assignment or authorisation under paragraph two shall be made in 
writing and registered with the competent official in accordance with the rules, 
procedure and conditions prescribed in the Ministerial Regulation. 
Section 33. The right holder of a new plant variety has the exclusive 
right to produce, sell or distribute in any manner, import, export or possess for 
the purpose of any of the said acts the propagating material of the new plant 
variety. 
The provisions of paragraph one shall not apply to the following 
circumstances: 
(1) the act relating to a protected new plant variety without an intention 
to use it as propagating material; 
(2) the education, study, experiment or research relating to a protected 
new plant variety for the purpose of breeding or developing plant varieties; 
(3) the act relating to a protected new plant variety committed in good 
faith; 
(4) the cultivation or propagation by a fanner of a protected new plant 
variety from the propagating material made by himself, provided that in the 
case where the Minister, with the approval of the Commission, publishes that 
new plant variety as promoted plant variety, its cultivation or propagation by a 
fmmer may be made in the quantity not exceeding three tinles the quantity 
obtained; IPIN/1/THAIP/1 
Page 14 
(5) the act relating to a protected new plant variety for non-commercial 
purpose; 
(6) the sale or distr'ibution by any means, importation or exportation of, 
or having in possession for the purpose of any of the aforesaid activities, the 
propagating material of the protected new plant variety which has been 
distributed by the right holder or with the right holder's consent. 
Section 34. In a sale or distribution of the propagating material of a new 
plant variety, the right holder of the new plant variety shall display a mark on 
the propagating material of the new plant variety, its container or package, 
The mark under paragraph one shall be in accordance with the fOlm 
prescribed by the Director-General. 
Section 35. The registration of the tr'ansfer of the rights in a new plant 
variety by way of inheritance shall be in accordance with the rules and 
procedure prescribed in the Ministelial Regulation. 
Section 36. When necessity arises for the prevention of diseases, the 
promotion of health, the maintenance of public welfare, the preservation and 
conservation of environment and biological diversity or for other public 
interest, the Minister, with the approval of the Commission, has the power to 
issue a Notification prohibiting the production, sale, distribution in any manner, 
importation or expoliation of new plant varieties for the period of time 
specified in the Notification. 
For the purposes of the national security, the maintenance of nutritious 
stability, the prevention of monopoly or for the purpose of other public 
interests, the Minister, with the approval of the Commission, has the power to 
issue a Notification authorising general members of the public to do the acts 
specified in section 33 paragraph one, provided that appropriate remuneration 
shall be paid to the right holder of a new plant variety, Such Notification shall 
also specify therein the tenn of the authorisation and the rates of remuneration. 
If, after action has been taken under paragraph two, it appears that the 
circumstance under paragraph two cannot be effectively prevented or 
alleviated, the Minister, with the approval of the Commission, may revoke the 
celiificate of registr'ation of that new plant variety. 
Section 37. Upon the expiration of three years as from the date of the 
registr'ation of a new plant variety, other persons may file an application with 
the Director-General for authOlisation of the use of the rights under section 33 
paragraph one if it appears at the time of such application that there has been 
no sale of the propagating material of that new plant variety or the sale thereof 
has been made in the quantity insufficient for the need of the people within the 
Kingdom or at exorbitant prices unless the light holder can prove that the lack 
of sale or the sale in the quantity insufficient for the need of the people within 
the Kingdom or at exorbitant plices is caused by the circumstance beyond his IP/NIlITHA/P/I 
Page 15 
control or that the new plant variety is a derivative intended to be utilised for 
the sole production of hybrid seeds provided that the hybrid seeds have been 
produced in such quantity sufficient to the need of the people within the 
Kingdom and sold at the prices which are not exorbitant. 
The Director-General, with the approval of the Commission, has the 
power to authorise the use of the rights under section 33 paragraph one upon 
payment by the applicant of reasonable remuneration to the right holder of the 
new plant variety. 
The application for the authorisation of the use of rights in the new plant 
variety and the detelmination of remuneration therefor shall be in accordance 
with the lules, procedure and conditions prescribed in the Ministerial 
Regulation. 
Section 38. The Director-General, with the approval of the Commission, 
has the power to revoke a celtificate of registration of a new plant variety in the 
following circumstances: 
(1) such plant variety is not in confolTIlity with the descriptions set forth 
in section 11 and section 12; 
(2) the celtificate of registration of the new plant variety has been issued 
inconsistently with section 13, section 15, section 16, section 17, section 19 
and section 20; 
(3) the paIticulars stated in the application for registration submitted to 
the competent official under section 19 are false. 
In the case where there exist the circumstance under (1), (2) or (3), any 
person may invoke it or bring an action to the COUIt for an order revoking the 
celtificate of registration of the new plant variety. 
Section 39. The right holder of a new plant variety shall pay an annual 
fee at the rate and in accordance with the procedure prescribed in the 
Ministerial Regulation and shall make such payment within ninety days as from 
the date of the receipt of the celtificate of registration of the new plant variety 
and within such period of evelY successive year. 
Section 40. The right holder of a new plant variety shall, in the event of 
his failure to make payment of the ammal fee under section 39, be liable to an 
additional fee in the amount equivalent to thirty percent of the aImual fee in 
alTears. 
If the right holder of a new plant variety fails to pay the aImual fee and 
additional fee within ninety days as from the due date for the payment thereof 
under section 39, the Director-General, with the approval of the Commission, 
shall have the power to revoke the certificate of registration of such new plant 
variety . IP/N/lITHA/PIl 
Page 16 
Section 41. An application for registration of a new plant variety, an 
objection to the registration of a new plant variety, a certificate of registration 
of a new plant variety, an application for registration of the licensing of rights 
under a certificate of registration of a new plant variety, an application for 
registration of the assignment of rights under a certificate of registration of a 
new plant variety, a substihlte~certificate of registration of a new plant variety 
shall be subject to such fees as prescribed in the Ministerial Regulations. 
Section 42. In the case where a celtificate of registration of a new plant 
variety is lost or substantially damaged, the light holder of the new plant 
variety may apply for a substitute-certificate in accordance with the rules and 
procedure prescribed in the Ministerial Regulation. 
CHAPTER IV 
Protection of Local Domestic Plant Varieties 
Section 43. A plant variety capable of regish'ation as a local domestic 
plant variety under this Act shall be of the following descriptions. 
(1) being a plant variety existing only in a particular locality within the 
Kinadom' Cl , 
(2) being a plant variety not registered as a new plant variety. 
Section 44. A sui juris person, residing and commonly inheriting and 
passing over culture continually, who takes part in the conservation or 
development of the plant variety which is of the descliptions specified in 
section 43 may register as a community under this Act. For this purpose, there 
shall be appointed a representative who shall submit an application in writing 
to the Changwad Govemor of the locality. 
The application shall at least contain the following particulars: 
(1) the plant variety jointly conserved or developed and the method of its 
conservation or development; 
(2) the names of members of the community; 
(3) the landscape together with a concise map showing the boundary of 
the conununity and adjacent areas. 
The subInission of the application and the consideration and approval 
thereof shall be in accordance with the rules and procedure prescribed in the 
Ministerial Regulation. 
Section 45. When a plant var'iety only exists in any particular locality 
and has been conserved or developed exclusively by a particular community, 
that community shall have the right to submit, to the local government 
organisation in whose jurisdiction such community falls, a request for initiating IP/N/lITHAIPIl 
Page 17 
an application for registration of the local domestic plant variety in the name of 
such community. 
Upon receipt of the request from the community under paragraph one, 
the local govelnment organisation shall proceed to apply to the Commission for 
registration of the local domestic plant variety as from the day documents and 
infOlmation necessary for the registration have duly been obtained. 
In the case where the community under paragraph one is formed as a 
famlers' group or co-operative under the law on co-operatives, such fmmers' 
group or co-operative shall have the right to apply for registration of the local 
domestic plant variety on behalf of the community. 
Section 46. The application for regish-ation, the consideration of the 
application and the issuance of a celiificate of registration of a local domestic 
plant variety shall be in accordance with the rules and procedure prescribed in 
the Ministerial Regulation_ 
Section 47. When regish-ation has been made for the protection of a 
local domestic plant variety of any locality, that locality shall have the 
exclusive right to develop, study, conduct an experiment or research in, 
produce, sell, expOli or distribute by any means the propagating material 
thereof. For this purpose, the local govelnment organisation, farmers' group or 
co-operative to which the celiificate of regish-ation of the local domestic plant 
variety has been granted shall be the right holder of such plant vmi.ety in the 
name of the said locality_ 
The provisions of paragraph one shall not apply to the following 
circumstances: 
(1) the act relating to a protected local domestic plant variety without an 
intention to use it as propagating material; 
(2) the act relating to a protected local domestic plant variety committed 
in good faith; 
(3) the cultivation or propagation by a fanner of a protected local 
domestic plant variety from the propagating material made by himself, provided 
that in the case where the Minister, with the approval of the Commission, 
publishes that local domestic plant variety as promoted plant variety, its 
cultivation 01' propagation by a fanner may be made in the quantity not 
exceeding three times the quantity obtained; 
(4) the act relating to a protected local domestic plant variety for non­
commercial purpose_ 
Section 48. A person who collects, procures or gathels a local domestic 
plant variety or any pmi thereof for the purposes of variety development, 
education, experiment or resem-ch for commercial interest shall make a profit-IPINIIITHAIPlI 
Page 18 
sharing agreement in relation to the profits derived from the use of such local 
domestic plant variety. 
In authorising any person to cany out the act under paragraph one and in 
making the profit-sharing agreement, the local government organisation, 
farmers' group or co-operative to which the certificate of registration of the 
local domestic plant variety is granted shall make the agreement in the name of 
the community, provided that approval of the Commission shall first be 
obtained. 
Section 49. Twenty percent of the profits derived from authorising 
another person to use the rights in the local domestic plant variety shall be 
allocated to the persons who conserve or develop the plant variety, and sixty 
percent thereof to the community as its common revenue and twenty percent 
thereof to the local government organisation, the farmer's group or the co­
operative that makes the agreement. 
The profit-sharing among the persons who conserve or develop the plant 
variety shall be in accordance with the regulations prescribed by the 
Commission. 
In the case of any dispute in connection with the allocation of profits 
under paragraph one, it shall be decided by the Commission. 
Section 50. Section 31 shall apply mutatis mutandis to the term for 
which a certificate of registration of a local domestic plant variety is granted. 
The tenn of the certificate of registration of a local domestic plant 
variety under paragraph one may be extended for each term of ten years if the 
Director-General considers that such plant variety is still of the descriptions 
specified in section 43 and such community is still of the description specified 
in section 44 and section 45. 
The application for extension of the term of protection and the 
permission thereof shall be in accordance with the lules and procedure 
prescribed in the Ministerial Regulation. 
Section 51. Section 36 and section 37shall apply mutatis mutandis to a 
local domestic plant variety. 
CHAPTER V 
Protection of General Domestic Plant Varieties and \Vild Plant Varieties 
Section 52. 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 interest shall obtain permission from the competent official and 
make a profit-sharing agreement under which the income accming therefrom I P/NIlITHAIPI 1 
Page 19 
shall be remitted to the Plant Varieties Protection Fund in accordance with the 
rules, procedure and conditions prescribed in the Ministerial Regulation. 
The profit-sharing agreement shall at least have the following 
particulars: 
(1) the purposes of the collection and gathering of the plant variety; 
(2) the amount or quantity of samples of the intended plant variety; 
(3) the obligations of the person to whom permission is granted; 
(4) the stipulation as to intellectual property rights in the products which 
result from the development, study, experiment or research of or into the plant 
variety and which are derived from the use of the plant variety under the 
agreement; 
(5) the stipulation as to the amount or rate of, or the term for, the profit­
sharing under the profit-sharing agreement in respect of products derived from 
the use of the plant variety thereunder; 
(6) the term of the agreement; 
(7) the revocation of the agreement; 
(8) the stipUlation as to the dispute settlement procedure; 
(9) other items of particulars as prescribed in the Ministerial Regulation. 
Section 53. A person who conducts a study, an experiment or research 
of or into a general domestic plant variety or a wild plant variety or any part 
thereof for a non-commercial purpose shall comply with the Regulation 
prescribed by the Conurussiol1. 
CHAPTER VI 
Plant Varieties Protection Fund 
Section 54. There shall be established in the MinistIy of Agriculture and 
Co-operatives a fund call the "Plant Varieties Protection Fund" to expended for 
the purposes of assisting and subsidising activities related to the plant varieties 
conservation, research and development, consisting of the following property: 
(1) income accruing from profit-sharing agreements under section 52; 
(2) money or property received from the registration of plant varieties; 
(3) subsidies from the Government; 
(4) donated money or property; 
(5) fruits or other benefits accruing from the Fund. 
Money or other propelty under paragraph one shall be remitted to the 
Fund without having to remit the same as State revenue. IPINIl/THA/PIl 
Page 20 
Section 55. The money in the Fund shall be expended for the following 
activities: 
(1) assisting and subsidising any activities of communities in connection 
with the conservation, research and development of plant varieties; 
(2) serving as expenses of local govemment organisations for the 
purposes of their subsidising the conservation, research and development of 
plant varieties of communities; 
(3) serving as expenses in the management of the Fund. 
The management of the Fund and the control of the expenses therefrom 
shall be in accordance with the Regulation prescribed by the Commission with 
the approval of the Ministry of Finance. 
Section 56. There shall be a Fund Committee consisting of Permanent 
Secretary of the Ministry of Agriculture and Co-operatives as the Chairman and 
not less than seven other members appointed by the Commission and the 
Director-General of the Department of Agriculture shall be the secret31Y and a 
member. 
Section 57. The Fund Committee shall have the powers and duties as 
follows: 
(1) to propose to the Commission directions, lules, conditions for as 
well as priorities of the disposition of the money in the Fund within the objects 
specified in section 55; 
(2) to prescribe regulations in connection with lules and procedure for 
the allocation of, and the request for, grants or subsidies from the Fund; 
(3) to consider and allocate the money in the Fund as expenses within 
the objects specified in section 55, in accordance with the directions, rules, 
conditions and priorities determined by the Commission; 
(4) to consider and approve the request for the promotion and assistance 
under section 55; 
(5) to perform any other activities as entrusted by the Corrunission. 
Section 58. Section 7 and section 8 shall apply to the tenn of office and 
the vacation of office of the Fund Committee mutatis mutandis. 
Section 9 shall apply to a meeting of the Fund Committee mutatis 
mutandis. 
Section 59. The money fOlming the Plant Varieties Protection Fund and 
accruing from the exploitation of general domestic plant varieties under profit­
sharing agreements under section 52 shall be allocated to local government 
organisations which are the origins of the exploitation of such general domestic JPIN/lITHAIPIl 
Page 21 
plant vanetIes in accordance with the rules, procedure and proportion 
prescribed in the Ministerial Regulation. 
Section 60. Within one hundred twenty days as from the end of a 
calendar year, the Fund Committee shall present a balance-sheet and the 
statements showing the revenues and expenses in the Fund during the previous 
year to the Office of the Auditor-General for its inspection and audit and shall 
then present it to the Commission. 
The Commission shall submit such balance-sheet and statements of 
revenues and expenses to the Ministers and the Minister shall submit them to 
the Council of Ministers for infmmation and publish them in the Govemment 
Gazette. 
CHAPTER VII 
Protection of Rights of Right Holders of Plant Varieties 
Section 61. In the case where there is an infringement of the right of the 
right holder of a new plant variety or of a local govemment organisation being 
the right holder of a local domestic plant variety under section 33 or section 47, 
as the case may be, the Court has the power to order the person committing the 
infringement to pay the right holder such amount of compensation as the Court 
deems appropriate, having regard to the gravity of the damage and loss of 
benefits, as well as the costs necessary for the enforcement of rights of the right 
holder. 
Section 62. All plant varieties or objects in possession of the person 
committing the act infringing the right of the right holder of a new plant variety 
or the right holder of a local domestic plant variety under section 33 or section 
47, as the case may be, shall be confiscated. 
All aIiic1es confiscated by the Court shall vest in the State and shall be 
proceeded with by the Depmiment of Agriculture in accordance with the 
regulations prescribed by the Director-General with the approval of the 
Commission. 
CHAPTER VIII 
Penalties 
Section 63. The competent official, having the responsibility in 
connection with registration of new plant varieties for protection thereof, 
unlawfully or without consent of the applicant for registration, uses or allows 
other person to use or gives to other person the propagating material of the new 
plant variety or genetic material tendered to him as per the statement under IP /NIl ITHA/P /1 
Page 22 
section 19 (4) shall be liable to imprisonment for a term not exceeding two 
years or to a fme not exceeding four hundred thousand Baht or to both. 
Section 64. Any person who commits any act under section 33 or 
section 47 without authorisation from the plant variety's right holder shall be 
liable to imprisonment for a telID not exceeding two years or to a fme not 
exceeding four hundred thousand Baht or to both. 
Section 65. Any right holder of a new plant variety who fails to comply 
with section 34 shall be liable to imprisonment for a term not exceeding one 
month or to a fine not exceeding twenty thousand Baht or to both. 
Section 66. Any person who fails to comply with section 48 or section 
52 shall be liable to imprisonment for a term not exceeding two years or to a 
fine not exceeding four hundred thousand Baht or to both. 
Section 67. Any 'person who forges or imitates a mark or does any act 
for causing other person to be of the wrong impression that a plant variety in 
question is the protected plant variety under this Act shall be liable for 
imprisonment for a telID of six months to five years and to a fme of twenty 
thousand to two hundred thousand Baht. 
Section 68. Any person who, in applying for registration of a new plant 
variety or local domestic plant variety, gives false statements to the competent 
official with a view to obtaining a certificate of registration of a new plant 
variety or a celiificate of registration of a local domestic plant vmiety, as the 
case may be, shall be liable to imprisonment for a telID not exceeding two years 
or to a fine not exceeding four hundred thousand Baht or to both. 
Section 69. In the case where the person who commits an offence 
punishable under this Act is a juristic person, the persons conducting its 
business or the persons representing such juristic person shall also be liable to 
the penalty imposed by the law for such offence unless it is proved that the act 
of the jusristic person has been committed without their knowledge or consent. 
Countersigned by: 
Chuann Leekpai 
Prime Minister Ra tes of Fees 
1. An Application for Registration of a New Plant Variety 
2. An Application for an Objection to an Application for IP IN/IITHA/P /1 
Page 23 
1,000 Baht each 
Registration of a New Plant Variety 1,000 Baht each 
3. A Certificate of Registration of a New Plant Variety 1,000 Baht each 
4. Annual Fee for the Protection of a New Plant Variety 1,000 Baht per year. 
5. An Application for Registration of Authorisation 
of the Use of Rights under a Celtificate of Registration 
of a New Plant Variety 500 Baht each 
6. An Application for Registration of the Assignment 
of Rights under a Certificate of Registration of aNew 
Plant Variety 500 Baht each 
7. Substitute Certificate of Registration of a New Plant 
Variety 500 Baht each