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 and can assign the rights to others. Assignment or permission to others must be made in writing and lodged with the competent official. The holder of the rights in a new plant variety has the sole right to produce, sell or dispose of, and import or export the new plant variety, as well as to hold the propagating material of the new plant variety for the purpose of doing any of those acts. A person that holds a certificate of registration for a plant variety is expected at some point to sell the propagating material for the plant variety, or sell, at a reasonable price, enough of the plant variety to satisfy public demand in Thailand. If the certificate holder has not done so within three years of obtaining the certificate, other parties may apply for and obtain the rights to that plant variety. The penalties for infringement of the rights to a registered plant variety are a term of imprisonment not exceeding two years, a fine not exceeding Baht 400,000, or both. The same penalties apply to anyone who violates community rights to a local indigenous variety or who fails to obtain permission in respect to general indigenous and forest plant varieties. The penalties for forging a plant variety registration mark are imprisonment for six months to five years, a fine not exceeding Baht 400,000, or both.
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