Protection of new plant varieties under the Thai plant variety protection act B.E. 2542 (PVP): a study on essentially derived varieties (EDVS)

This independent study aims to focus on the legal protection in Thailandconcerning the rights of the plant breeders on the new plant varieties and legalenforcement on the new plant varieties which are essentially derived from theprotected plant variety or registered plant variety (EDV). This is the case where adifferent plant breeder utilizes any parts of the protected plant variety, develops intoa new plant variety, and registers such plant variety for legal protection under theplant variety protection law.The current Plant Variety Protection Act B.E. 2542 (PVP) in Thailand hasbeen enforced for over twenty-five years. There have been debates over the yearswhether Thailand should update its PVP to meet the requirements of the moderncapitalist society. One of the proposals includes the additional protection for the plantbreeders of the initially protected plant varieties over the EDV. While this protection isenforceable in other jurisdictions, it is still not recognized and enforceable in Thailand.