Journal Article

Plant variety protection in Thailand: the need for a new coherent framework

Pawarit Lertdhamtewe

in Journal of Intellectual Property Law & Practice

Volume 8, issue 1, pages 33-42
Published in print January 2013 | ISSN: 1747-1532
Published online January 2013 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jps188
Plant variety protection in Thailand: the need for a new coherent framework

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Pawarit Lertdhamtewe is a lecturer in the Faculty of Law at Chiang Mai University, Thailand.

Thailand's plant protection regime, currently represented by the Plant Variety Protection Act (‘PVPA’), represents a sui generis plant protection system, which several developing nations use as a model to enact their plant protection laws.

It is currently uncertain whether the PVPA serves the needs of all actors in agricultural management in Thailand; this uncertainty may dilute the benefits of Thailand's plant protection regime. In view of concerns regarding the adequacy of the legal framework for plant variety protection, this article argues that greater certainty must be provided to ensure the effective protection of plant varieties, the validity of national legislation and long–term promotion of agricultural development and sustainability.

Journal Article.  7337 words. 

Subjects: Arbitration ; Intellectual Property Law

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