Holy basil variety rights lawful, agriculture officials say - Bangkok Post

Holy basil or kaprao in Thai has a distinctive, aromatic fragrance and is an essential ingredient in many Thai dishes. (Photo: Ministry of Agriculture and Cooperatives) The Department of Agriculture has confirmed that CPRAM Co Ltd registered four holy basil varieties in full compliance with the law.

Spokeswoman Sasiya Parntan said the department confirmed the registration status in response to public concern about whether it might affect local farmers in the future.

The department checked the Certificates of New Plant Variety Protection and other required documents submitted by the CP Group subsidiary, and assessed the varieties against the distinctiveness, uniformity and stability criteria.

The review confirmed the legality of the registrations for the four Kaewjuree varieties, including the distinctiveness of all sub-varieties approved under the distinctiveness, uniformity and stability criteria.

Ms Sasiya added that all Kaewjuree varieties were found to be visibly different from two similar local varieties following breeding investigations conducted over two cropping seasons.

Protection for the four new varieties applies exclusively to the registered strains and does not extend to indigenous or common varieties of holy basil used by farmers and the public, she said. She noted that no stakeholders had filed a petition disputing the Kaewjuree registrations within the subsequent 90-day legal period.

Ms Sasiya said registration and protection under the Plant Varieties Protection Act BE 2542 (1999) is not a right reserved for any particular private company.

Rather, it is a legal right open to individuals, plant breeders, universities, private companies and other organisations that develop a new variety meeting the legal criteria, with every applicant undergoing the same standardised examination and assessment process.

Farmers therefore remain free to cultivate and use indigenous and common holy basil varieties as usual. They may also legally grow protected varieties for personal consumption, harvest and sell the leaves, or use them as ingredients in food products for commercial sale without restriction.

However, anyone wishing to propagate protected varieties for commercial purposes — such as producing seeds, growing seedlings or taking stem cuttings for sale as planting materials — must first obtain permission from the rights holder.