Balancing innovation with tradition in Thailand's agricultural future
In the lush fields of Thailand's agricultural heartlands, a quiet revolution is unfolding. For generations, farmers like Anong have saved seeds from one harvest to plant the next, practicing an ancient rhythm that sustained both her family and local crop diversity. But when a neighbor introduced a new, high-yielding rice variety protected by commercial breeders' rights, Anong found herself navigating a complex web of legal restrictions she never knew existed. This scenario represents a microcosm of a much larger tension unfolding across Thailand—the clash between traditional farming practices and modern agricultural innovation, between the free exchange of seeds and the legal frameworks designed to protect them.
The system governing these interactions—plant variety protection—may seem like an obscure legal domain, but it holds profound implications for what we eat, who grows it, and how much it costs.
At its heart lies a critical balancing act: how do we reward innovation in plant breeding while preserving farmers' rights to save and exchange seeds? How do we stimulate the development of new crop varieties without undermining the genetic diversity that forms the foundation of our food security? As Thailand stands at this agricultural crossroads, the need for a more coherent framework has never been more urgent.
When we think of intellectual property, our minds typically turn to inventions, artistic works, or trademarks. But what about the plants that form the basis of our food supply? Plant variety protection (PVP) represents a specialized form of intellectual property rights that grants breeders exclusive control over new plant varieties they develop. Unlike patents which protect inventions, PVP is specifically tailored to biological materials, acknowledging both the innovation involved in plant breeding and the unique characteristics of living organisms.
The variety must be clearly distinguishable from any other commonly known variety by one or more important characteristics 1 .
The plants must be sufficiently uniform in their relevant characteristics after accounting for expected variation 1 .
The essential characteristics must remain unchanged after repeated propagation 1 .
The concept of protecting plant varieties emerged from the understanding that developing new crops requires significant investment—often spanning years or even decades of careful cross-breeding, selection, and testing. Without some form of legal protection, breeders would have little incentive to invest in this lengthy process, as others could freely multiply and sell the resulting varieties immediately after their release. This is particularly important in an era of climate change, where developing drought-resistant, heat-tolerant, and pest-resistant crops has become increasingly critical for food security.
Thailand established its current approach to plant variety protection with the Plant Variety Protection Act B.E. 2542 (1999), creating what experts describe as a sui generis system—Latin for "of its own kind"—meaning it was specifically designed to address Thailand's unique agricultural landscape and needs 1 3 . Rather than simply adopting international models, Thailand crafted a distinctive three-tiered system that recognizes not only commercial breeders' rights but also the contributions of local communities and the importance of preserving wild species.
| Type of Variety | Definition | Key Features |
|---|---|---|
| New Plant Varieties | Varieties that are distinct, uniform, stable, and new | Commercial protection for 12-27 years depending on crop type |
| Local Domestic Varieties | Varieties that exist only in specific localities within Thailand | Registered by the government; benefits shared with local communities 1 |
| Wild Varieties | Plants found in nature that have not been cultivated | Can be utilized for breeding but with benefit-sharing requirements 1 |
This framework grants breeders of protected new varieties exclusive rights to produce, sell, import, export, and possess the plant's propagating materials for specified periods . The protection duration varies significantly based on the type of plant:
for plants that bear fruits within two years of cultivation
for plants that take longer than two years to fruit
for plants whose usable parts are obtained after more than two years of cultivation 1
What makes Thailand's system particularly noteworthy is its explicit recognition of farmers' rights. The law allows farmers to save, use, and exchange seeds of protected varieties in their own farming operations, though they cannot sell them commercially without authorization 1 . This provision represents a careful compromise between encouraging commercial innovation and preserving traditional farming practices that have sustained rural communities for generations.
Despite its innovative three-tiered structure, Thailand's plant variety protection framework faces mounting challenges that reveal significant cracks in its design. Two decades after implementation, experts have identified several critical limitations that hinder the system's effectiveness in serving both innovation and public interest.
Perhaps the most significant limitation lies in the narrow scope of breeders' rights exceptions. While the law permits farmers to save and exchange seeds, it does not include a broader "breeder's exemption" that would allow other breeders to use protected varieties freely for further research and development without authorization 5 . This restriction potentially slows innovation by creating legal barriers between breeding programs, a particular concern in a country where an estimated 20% of agricultural seeds still come from farmer-saved seeds and local exchange systems 1 .
The registration process for local domestic varieties has also proven problematic in practice. The law intends to protect and share benefits from these locally adapted varieties, but there's considerable uncertainty about how communities can effectively register them and whether the resulting benefits actually reach the farmers who have conserved and developed these genetic resources over generations 3 .
Internationally, Thailand's system creates trade complications. While the PVP Act meets the minimum standards required by the WTO TRIPS Agreement, it does not align with the more stringent UPOV 1991 Convention that has become the international benchmark for plant variety protection 5 .
| Feature | Thailand PVP Act | UPOV 1991 Standard |
|---|---|---|
| Protection Duration | 12-27 years depending on crop type | 20-25 years minimum |
| Breeder's Exemption | Limited | Broad, allowing use in further breeding |
| Farmer's Privilege | Explicitly allowed for seed saving and exchange | Optional, left to national implementation |
| Benefit Sharing | Required for wild and local varieties | Not addressed |
The registration process itself presents practical hurdles. The entire procedure typically takes 30-34 months—nearly three years—from application to registration, as it requires actually planting and evaluating the candidate variety . For breeders, this lengthy timeline represents a significant portion of the protection period during which they cannot recoup their investment.
Duration: 4-6 months
Preparation of distinctness, uniformity, stability evidence
Duration: 18-24 months
Growing out plants for characteristic verification
Duration: 3-4 months
90-day period for third-party objections
Duration: 2-3 months
Final approval and certificate issuance
30-34 months
The need for a more coherent plant variety protection framework in Thailand is increasingly evident, but what might a improved system look like? Legal scholars and agricultural experts point to several key pathways for development that could better balance the diverse interests at stake.
The most frequently discussed option is Thailand's potential ratification of the UPOV 1991 Convention 5 . This international agreement would require significant modifications to Thailand's current law but would align the country with regional partners and international standards.
A more nuanced approach might involve developing a modified UPOV-plus system that incorporates UPOV standards while retaining special provisions for Thailand's unique agricultural context.
Encouragingly, Thailand has recently shown renewed commitment to intellectual property reform. In August 2025, the National Intellectual Property Policy Committee approved a comprehensive national IP policy framework focusing on six strategic areas, including "increasing innovation value through creativity and IP" and "developing innovation via financial mechanisms" 2 . This high-level attention suggests plant variety protection may receive needed updates as part of broader innovation system reforms.
| Research Tool | Function in Variety Development |
|---|---|
| Molecular Markers | Identify desired genetic traits efficiently without growing plants to maturity |
| Gene Editing Technologies | Precisely modify specific traits without introducing unwanted characteristics |
| Bioinformatics Platforms | Manage and analyze large datasets on plant characteristics and performance |
| Phytosanitary Certification | Ensure international exchange of germplasm without transferring pests or diseases |
| Digital Phenotyping | Automate measurement of plant characteristics for more objective evaluation |
Any new framework must also address implementation challenges. This could involve streamlining the registration process through digital platforms, establishing clearer guidelines for community registration of local varieties, creating alternative dispute resolution mechanisms for farmer-breeder conflicts, and improving seed certification systems to ensure quality without creating excessive burdens for small-scale operators.
The quest for a more coherent plant variety protection framework in Thailand represents more than just legal technicalities—it strikes at the heart of how the nation will feed itself in the coming decades, who will control the genetic building blocks of its food supply, and how agricultural innovation can be encouraged without exacerbating social inequalities. The current system, while innovative in its three-tiered approach, shows clear signs of strain in a rapidly changing agricultural landscape.
As Thailand moves forward, the development of a new framework must be guided by clear principles: rewarding genuine innovation while preserving farmers' rights; encouraging commercial investment without undermining genetic diversity; and meeting international standards while serving national interests.
This balancing act is delicate but essential. The seeds of change have been planted. With thoughtful revision that incorporates lessons from two decades of implementation, international best practices, and inclusive stakeholder dialogue, Thailand can cultivate a plant variety protection system that truly serves all interests—from the research laboratories of breeding companies to the fields of smallholder farmers like Anong, whose traditional practices and knowledge remain an invaluable resource in our collective pursuit of food security and agricultural sustainability.