The Department of Agriculture has confirmed that CPRAM Co Ltd, a subsidiary of the CP Group, registered four holy basil varieties in full compliance with Thai law, Bangkok Post reported. Spokeswoman Sasiya Parntan said the department verified the Certificates of New Plant Variety Protection and assessed the four Kaewjuree varieties against the distinctiveness, uniformity and stability criteria required under the Plant Varieties Protection Act BE 2542 (1999).
Kaewjuree Varieties Pass Legal Review
The review confirmed that all four Kaewjuree sub-varieties were visibly different from two similar local varieties after breeding investigations conducted over two cropping seasons, according to the department. No stakeholders filed a petition disputing the registrations within the 90-day legal period following publication, Parntan added.
According to the department, protection is limited exclusively to the registered strains and does not cover indigenous or common varieties of holy basil used by farmers and the public. Farmers remain free to cultivate and use indigenous and common holy basil varieties as usual.
Farmers’ Rights Remain Intact Under Plant Variety Law
The furore over the registrations has put farmers’ rights in the spotlight, according to coverage by pressreader.com. According to the department, no stakeholders submitted a petition challenging the Kaewjuree registrations during the following 90-day legal timeframe.
Within the existing legal framework, farmers are legally permitted to cultivate protected varieties for personal consumption, harvest and sell the leaves, or employ them as ingredients in food products for commercial sale without any restriction. However, anyone seeking to propagate protected varieties for commercial ends — such as producing seeds, growing seedlings or taking stem cuttings for sale as planting materials — is required to first obtain permission from the rights holder.
Registration Open to All Qualified Breeders
The department emphasized that registration and protection under the 1999 Act is not a right reserved for any particular private company. This constitutes a legal right available to individuals, plant breeders, universities, private companies and other organisations that develop a new variety satisfying the legal criteria, with every applicant undergoing the identical standardized examination and assessment process.
What Thai Farmers Can and Cannot Do With Protected Basil
Can farmers still grow local holy basil? Yes. The protection covers only the four registered Kaewjuree strains, not indigenous or common varieties used by farmers.
Can farmers sell leaves from protected varieties? Yes. Farmers may harvest and sell the leaves, or use them in food products for commercial sale without restriction.
When is permission required? Anyone producing seeds, seedlings or stem cuttings from protected varieties for commercial sale must obtain permission from the rights holder.
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