Abstract
Thailand's plant protection regime presents a unique sui generis plant protection system, which is used as a model by several developing nations in Asia. The current Thai Plant Variety Protection (PVP) law has attracted some criticism, and whether or not farmers and breeders actually benefit from the system is in doubt. The questions this situation raises are: has Thailand adopted clear, coherent, and workable rules for plant variety protection in response to the needs of the nation? By highlighting the salient features of the Thai plant protection regime, this article addresses major concerns of the rights of farmers, local communities, and plant breeders. It is suggested that the protection of plant varieties is vital to Thailand, considering the fact that agriculture represents a fundamental economic activity and the livelihood of a large section of the total population; therefore, introducing IPRs in agriculture via the PVP regime is critical to the development of agriculture in Thailand. Thus, a new approach to the IP protection of plant varieties is desirable to ensure the unique needs of the nation, the validity of national legislation, and the long-term promotion of agricultural development and sustainability in Thailand.
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