|dc.description.abstract||The Government of Thailand decided recently to introduce a legal system for the
protection of plant variety right (PVR) in order to meet its commitment under the
TRIPs agreement (part of the WTO agreement) to protect new varieties of plants.
Having taken this significant decision - although in reality the decision was
probably little more than a formality because of the TRIPs commitment - the
government must assess the likely impact of PVR on public and private interests in
Thailand and, in the light of that assessment, construct a PVR system suited to the
country's particular needs (so far as these can be envisaged). The likely impact of
the government's decision and the choice to be made constitute the backbone of
this thesis as well as its prime focus.
A PVR system is intended primarily to promote invention and innovation in the
field of plant breeding. Whether the availability of PVR in Thailand will achieve
those objectives cannot be said at this point. Studies carried out in countries with
mature PVR systems claim, despite the lack of any solid evidence on which to
found the claims, that PVR systems have certain positive or beneficial effects, for
example more varieties giving higher yields and better adapted to growing
conditions. On the other hand, some commentators believe that these benefits
result from other factors, in particular technological advances (for example,
improvements in cultivation and management of commercial crops).
This thesis concludes that the availability or grant of PVR in Thailand will not have
any radical impact on public and private interests there. At present, plant breeding
and seed production are carried out by public and private sectors. Available data
on seed production and consumption indicate the need for more investment in
plant breeding and seed production, particularly in the private sector. A PVR
system is unlikely to encourage breeders or producers to invest more because the
availability of PVR is not a vital determinant in investment decisions. Fortunately.
as far as can be seen at present, a PVR system is unlikely to have negative effects,
e. g. seed price rises, obstacles to technological development or environmental
dangers. In considering the most appropriate system, the major factors to be
assessed are economic impact, existing political commitment, and practicality. The
government should adopt the system established by the 1978 UPOV Convention,
in preference to the 1991 Convention, because the earlier Convention is the more
appropriate for Thailand's developmental needs.||en_US