The Plant Varieties Protection Act, B.E. 2452 (1999) defines a plant
variety as “a group of plants with the same or similar genetics and
botanical description, with constant and fixed specific qualities. The
subject must be different from any other group of plants of the same
kind. This includes plant stems that can be propagated to obtain a
group of plants with those qualities.” The Plant Varieties Act goes on
to define certain set features that constitute a plant variety, such as
morphology, physiology, or other properties that are the result of the
genetic nature specific to one plant variety. It should be noted that
novelty requirements must be met.
Priority date can be claimed based on an overseas application to
register a new plant variety, provided that an application is filed in
Thailand within one year of the overseas application. This provision
only applies to applications filed in countries that would extend the
same rights to Thai nationals. The period of protection can last from
12 to 27 years, depending on the plant variety. The validity of the
certificate of registration of a new plant variety begins on the date on
which the certificate is issued. Annual fees must be paid to maintain
the registration. Rights holders can permit anyone to use their rights