The Problems on Application of Plant Varieties Protection Act B.E. 2542: A Case Study of Access to Plant Genetic Resources and Benefit Sharing Deriving from Utilisation of Plant Genetic Resources under Article 52
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Abstract
This research intends to study and analyse the principle and concept of the Plant Varieties Protection Act B.E. 2542(PVP) whether it is in accordance with the principles under the Convention on Biological Diversity (CBD) A.C. 1992. If it is not comply with the CBD, it could be one of the main causes of the problems on application of the Plant Varieties Protection Act, article 52.
The research found that the PVP aims to protect both new plant varieties and general domestic plant varieties and wild plant varieties. However, the principles and concepts for protecting of general domestic plant varieties and wild plant varieties are different from the protection of new plant varieties. This causes the problems for implementing the PVP article 52.
There are two recommendations from this research, firstly, the protection of general domestic plant variety and wild plant variety should be separated from the PVP. Secondly, the administration of plant genetic resources regarding general domestic plant variety and wild plant variety should be coordinated by national focal point/national management centre under the Biodiversity Law.
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