Department of Agriculture Confirms CP RAMs Registration of Four Holy Basil Varieties is Proper, No Complaints Found - Thairath English
The Department of Agriculture clearly explained the registration of new plant variety protection for "Four Holy Basil Varieties" by CP RAM, confirming that every step complies with the law and emphasizing it does not affect farmers or the general public cultivating native holy basil varieties.
The Department of Agriculture confirmed that the registration of the new holy basil varieties for protection was carried out in compliance with the Plant Variety Protection Act of 1999 (B.E. 2542) in every step, including the examination and consideration of applications, as well as the licensing and benefit-sharing agreements with applicants. The law allows equal opportunity for all sectors to apply for new plant variety protection. The registration does not affect the rights to use native or common holy basil varieties by farmers and the public.
Ms. Sasina Pantan, Deputy Director-General of the Department of Agriculture and spokesperson for the department, revealed that following instructions from the Minister of Agriculture and Cooperatives to investigate whether the registration of protection for four holy basil varieties—Kaewjuree 01, 02, 03, and 04—was legally conducted under the Plant Variety Protection Act, the department has thoroughly reviewed the matter.
The Department of Agriculture promptly examined the facts and related documents carefully as directed by the minister and found that the registration of protection for the four varieties was carried out legally.
The department followed the ministerial regulations outlining criteria and procedures for application, consideration, public announcement of applications, and issuance of the new plant variety registration certificate (B.E. 2546). They reviewed supporting documents, breeder history, origin and breeding history, key characteristics of the varieties, and benefit-sharing agreements, confirming all were complete and compliant with the criteria.
Additionally, the department assessed the new plant varieties' qualifications according to the DUS principles, which are key criteria to determine whether the varieties qualify as new plant varieties under the law.
The varieties were compared by planting alongside the original CPR1 variety and the closely related Green Large Leaf 059 variety over two growing seasons.
Results showed that all four holy basil varieties had distinct characteristic traits compared to the comparison varieties, including leaf shape, size, and thickness, as well as uniformity and stability according to the established criteria.
Regarding the public announcement phase, the Department of Agriculture published the registration applications for 90 days to allow stakeholders to file objections as legally entitled. The Kaewjuree 01 variety was announced from 14 Nov 2023 to 12 Feb 2024, and Kaewjuree 02–04 from 28 Dec 2023 to 27 Mar 2024. No objections were received during these periods, so the department issued official certificates of new plant variety registration for all four varieties.
The department's spokesperson added that registering new plant variety protection is not exclusive to any private company but is a legal right open to anyone, including individuals, universities, or private entities, who develop new varieties meeting all criteria.
Common holy basil varieties remain unaffected. Protection covers only the four registered varieties; farmers can continue cultivating and using native holy basil varieties as usual.
Use of registered varieties: Protected varieties can be freely grown for consumption, leaf harvesting for sale, or cooking purposes.
Restrictions: It is prohibited to "commercially propagate" the protected varieties, such as producing seeds, seedlings, or cuttings for sale without prior permission from the rights holder.
"The investigation confirms that the Department of Agriculture's actions and CP RAM's application comply fully with the Plant Variety Protection Act of 1999 and related secondary laws. Furthermore, since the registration of these four holy basil varieties over two and a half years ago, no farmers, consumers, or vendors have filed complaints with the Ministry of Agriculture and Cooperatives regarding any impact. Plant variety protection is a legal mechanism designed to promote research and development of plant varieties, providing equal legal rights access to all sectors while safeguarding farmers' and the public's rights to use native and common plant varieties," said the department spokesperson.
However, the Department of Agriculture has established a "Complaint Reception Center" at the department's convenient government services center. Anyone affected can contact or file complaints with the Plant Variety Protection Division at the Department of Agriculture by calling 08 9744 5013 or 09 1718 4750.
