and can assign the rights to others. Assignment or permission to others
must be made in writing and lodged with the competent official. The
holder of the rights in a new plant variety has the sole right to
produce, sell or dispose of, and import or export the new plant variety,
as well as to hold the propagating material of the new plant variety for
the purpose of doing any of those acts.
A person that holds the certificate of registration for a plant variety is
expected at some point to sell the propagating material for the plant
variety, or sell, at a reasonable price, enough of the plant variety to
satisfy public demand in Thailand. If the certificate holder has not
done so within three years of obtaining the certificate, other parties
may apply for and obtain the rights to that plant variety. The penalties
for infringement of the rights to a registered plant variety are a term of
imprisonment not exceeding two years, a fine not exceeding 400,000
baht, or both. The same penalties apply to anyone who violates
community rights to a local indigenous variety or who fails to obtain
permission in respect to general indigenous and forest plant varieties.
The penalties for forging a plant variety registration mark are
imprisonment for six months to five years, and a fine from 20,000 to
200,000 baht.
8.5 Layout Designs