thai laws relating to biological diversity ......thai laws relating to biological diversity: recent...

THAI LAWS RELATING TO BIOLOGICAL DIVERSITY: RECENT DEVELOPMENTS TOWARDS THE NAGOYA PROTOCOL

Chacrit SitdhiwejThammasat University Faculty of Law

Image courtesy: http://www.thebluedotpost.com/wp-content/uploads/2015/01/diversity.jpg

CONTENTS

Thailand and the Nagoya Protocol

recent developments of selected Thai laws towards the Nagoya Protocol

discussion: possible lessons from Korea

2

THAILAND AND ITS BIODIVERSITY

• Southeast Asia

• 513,000 km2 (219,155 km2)

• tropical just above the equator

• one of the world’s most abundant sources of species and genetic diversity, ie 10% of all known species on Earth

3

Image courtesy: http://www.lib.utexas.edu/maps/middle_east_and_asia/southeast_asia_pol_2003.jpg

THAILAND AND ITS BIODIVERSITY

• Southeast Asia

• 513,000 km2 (219,155 km2)

• tropical just above the equator

• one of the world’s most abundant sources of species and genetic diversity, ie 10% of all known species on Earth

3

Image courtesy: http://www.lib.utexas.edu/maps/middle_east_and_asia/southeast_asia_pol_2003.jpg

THAILAND AND THE NAGOYA PROTOCOL

1992 2003 2012 ????

4

THAILAND AND THE NAGOYA PROTOCOL

1992 2003 2012 ????

CBD

4

THAILAND AND THE NAGOYA PROTOCOL

1992 2003 2012 ????

CBD Nagoya Protocol

4

THAILAND AND THE NAGOYA PROTOCOL

1992 2003 2012 ????

CBD Nagoya Protocol

4

draft law

THAILAND AND THE NAGOYA PROTOCOL

1992 2003 2012 ????

CBD Nagoya Protocol

4

draft law

1999• Plant Varieties Protection Act

• Protection and Promotion of Thai Traditional Medical Knowledge Act

THAILAND AND THE NAGOYA PROTOCOL

1992 2003 2012 ????

CBD Nagoya Protocol

4

draft law

1999• Plant Varieties Protection Act

• Protection and Promotion of Thai Traditional Medical Knowledge Act

2015• Fisheries Emergency Decree

• Promotion of Marine and Coastal Resources Management Act

SOME NOTES ON THE NAGOYA PROTOCOL

5

PREAMBLE (1)…

Acknowledging the linkage between access to genetic resources and the fair and equitable sharing of benefits arising from the utilization of such resources,

Recognizing the importance of providing legal certainty with respect to access to genetic resources and the fair and equitable sharing of benefits arising from their utilization,

Further recognizing the importance of promoting equity and fairness in negotiation of mutually agreed terms between providers and users of genetic resources,

… 6

PREAMBLE (2)…

Determined to further support the effective implementation of the access and benefit-sharing provisions of the Convention,

Recognizing that an innovative solution is required to address the fair and equitable sharing of benefits derived from the utilization of genetic resources and traditional knowledge associated with genetic resources that occur in transboundary situations or for which it is not possible to grant or obtain prior informed consent,

… 7

PREAMBLE (3)…

Recognizing the diversity of circumstances in which traditional knowledge associated with genetic resources is held or owned by indigenous and local communities,

Mindful that it is the right of indigenous and local communities to identify the rightful holders of their traditional knowledge associated with genetic resources, within their communities,

Further recognizing the unique circumstances where traditional knowledge associated with genetic resources is held in countries, which may be oral, documented or in other forms, reflecting a rich cultural heritage relevant for conservation and sustainable use of biological diversity,

Noting the United Nations Declaration on the Rights of Indigenous Peoples, and

Affirming that nothing in this Protocol shall be construed as diminishing or extinguishing the existing rights of indigenous and local communities,

… 8

ARTICLE 15

1. Each Party shall take appropriate, effective and proportionate legislative, administrative or policy measures to provide that genetic resources utilized within its jurisdiction have been accessed in accordance with prior informed consent and that mutually agreed terms have been established, as required by the domestic access and benefit-sharing legislation or regulatory requirements of the other Party.

2. Parties shall take appropriate, effective and proportionate measures to address situations of non-compliance with measures adopted in accordance with paragraph 1 above.

3. Parties shall, as far as possible and as appropriate, cooperate in cases of alleged violation of domestic access and benefit-sharing legislation or regulatory requirements referred to in paragraph 1 above.

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ARTICLE 16

1. Each Party shall take appropriate, effective and proportionate legislative, administrative or policy measures, as appropriate, to provide that traditional knowledge associated with genetic resources utilized within their jurisdiction has been accessed in accordance with prior informed consent or approval and involvement of indigenous and local communities and that mutually agreed terms have been established, as required by domestic access and benefit-sharing legislation or regulatory requirements of the other Party where such indigenous and local communities are located.

2. Each Party shall take appropriate, effective and proportionate measures to address situations of non-compliance with measures adopted in accordance with paragraph 1 above.

3. Parties shall, as far as possible and as appropriate, cooperate in cases of alleged violation of domestic access and benefit-sharing legislation or regulatory requirements referred to in paragraph 1 above.

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RECENT DEVELOPMENTS OF SELECTED THAI LAWS TOWARDS THE NAGOYA PROTOCOL

1999 Plant Varieties Protection Act

1999 Protection and Promotion of Thai Traditional Medical Knowledge Act

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1999 PLANT VARIETIES PROTECTION ACT (1)

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1999 PLANT VARIETIES PROTECTION ACT (1)

69 sections

7 chapters + rates of fees

13

1999 PLANT VARIETIES PROTECTION ACT (2)

general provisions (SS1-4)

Chapter I: Plant Variety Protection Commission (SS5-10)

Chapter II: Plant Varieties (S11)

Chapter III: Protection of New Plant Varieties (SS12-42)

Chapter IV: Protection of Local Domestic Plant Varieties SS43-51)

Chapter V: Protection of General Domestic Plant Varieties and Wild Plant Varieties (SS52-53)

Chapter VI: Plant Varieties Protection Fund (SS54-60)

Chapter VII: Protection of Rights of Right Holders of Plant Varieties (SS61-62)

Chapter VII: Penalties (SS63-69)

Rates of Fees14

1999 PLANT VARIETIES PROTECTION ACT (3)Section 48. A person who collects, procures or gathers a local domestic plant variety or any part thereof for the purposes of variety development, education, experiment or research for commercial interest shall make a profit-sharing agreement in relation to the profits derived from the use of such local domestic plant variety.

In authorising any person to carry out the act under paragraph one and in making the profit-sharing agreement, the local government organisation, farmers' group or co-operative to which the certificate of registration of the local domestic plant variety is granted shall make the agreement in the name of the community, provided that approval of the Commission shall first be obtained.

15

1999 PLANT VARIETIES PROTECTION ACT (3)Section 48. A person who collects, procures or gathers a local domestic plant variety or any part thereof for the purposes of variety development, education, experiment or research for commercial interest shall make a profit-sharing agreement in relation to the profits derived from the use of such local domestic plant variety.

In authorising any person to carry out the act under paragraph one and in making the profit-sharing agreement, the local government organisation, farmers' group or co-operative to which the certificate of registration of the local domestic plant variety is granted shall make the agreement in the name of the community, provided that approval of the Commission shall first be obtained.

15

1999 PLANT VARIETIES PROTECTION ACT (3)Section 48. A person who collects, procures or gathers a local domestic plant variety or any part thereof for the purposes of variety development, education, experiment or research for commercial interest shall make a profit-sharing agreement in relation to the profits derived from the use of such local domestic plant variety.

In authorising any person to carry out the act under paragraph one and in making the profit-sharing agreement, the local government organisation, farmers' group or co-operative to which the certificate of registration of the local domestic plant variety is granted shall make the agreement in the name of the community, provided that approval of the Commission shall first be obtained.

15

1999 PLANT VARIETIES PROTECTION ACT (3)Section 48. A person who collects, procures or gathers a local domestic plant variety or any part thereof for the purposes of variety development, education, experiment or research for commercial interest shall make a profit-sharing agreement in relation to the profits derived from the use of such local domestic plant variety.

In authorising any person to carry out the act under paragraph one and in making the profit-sharing agreement, the local government organisation, farmers' group or co-operative to which the certificate of registration of the local domestic plant variety is granted shall make the agreement in the name of the community, provided that approval of the Commission shall first be obtained.

15

1999 PLANT VARIETIES PROTECTION ACT (3)Section 48. A person who collects, procures or gathers a local domestic plant variety or any part thereof for the purposes of variety development, education, experiment or research for commercial interest shall make a profit-sharing agreement in relation to the profits derived from the use of such local domestic plant variety.

In authorising any person to carry out the act under paragraph one and in making the profit-sharing agreement, the local government organisation, farmers' group or co-operative to which the certificate of registration of the local domestic plant variety is granted shall make the agreement in the name of the community, provided that approval of the Commission shall first be obtained.

15

1999 PLANT VARIETIES PROTECTION ACT (3)Section 48. A person who collects, procures or gathers a local domestic plant variety or any part thereof for the purposes of variety development, education, experiment or research for commercial interest shall make a profit-sharing agreement in relation to the profits derived from the use of such local domestic plant variety.

In authorising any person to carry out the act under paragraph one and in making the profit-sharing agreement, the local government organisation, farmers' group or co-operative to which the certificate of registration of the local domestic plant variety is granted shall make the agreement in the name of the community, provided that approval of the Commission shall first be obtained.

15

1999 PLANT VARIETIES PROTECTION ACT (4)Section 52. A person who collects, procures or gathers general domestic plant varieties, wild plant varieties or any part of such plant varieties for the purposes of variety development, education, experiment or research for commercial interest shall obtain permission from the competent official and make a profit-sharing agreement under which the income accruing therefrom shall be remitted to the Plant Varieties Protection Fund in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

The profit-sharing agreement shall at least have the following particulars: (1) the purposes of the collection and gathering of the plant variety; (2) the amount or quantity of samples of the intended plant variety; (3) the obligations of the person to whom permission is granted; (4) the stipulation as to intellectual property rights in the products which result from the development,

study, experiment or research of or into the plant variety and which are derived from the use of the plant variety under the agreement;

(5) the stipulation as to the amount or rate of, or the term for, the profit- sharing under the profit-sharing agreement in respect of products derived from the use of the plant variety thereunder;

(6) the term of the agreement;(7) the revocation of the agreement;(8) the stipulation as to the dispute settlement procedure;(9)other items of particulars as prescribed in the Ministerial Regulation.

16

1999 PLANT VARIETIES PROTECTION ACT (4)Section 52. A person who collects, procures or gathers general domestic plant varieties, wild plant varieties or any part of such plant varieties for the purposes of variety development, education, experiment or research for commercial interest shall obtain permission from the competent official and make a profit-sharing agreement under which the income accruing therefrom shall be remitted to the Plant Varieties Protection Fund in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

The profit-sharing agreement shall at least have the following particulars: (1) the purposes of the collection and gathering of the plant variety; (2) the amount or quantity of samples of the intended plant variety; (3) the obligations of the person to whom permission is granted; (4) the stipulation as to intellectual property rights in the products which result from the development,

study, experiment or research of or into the plant variety and which are derived from the use of the plant variety under the agreement;

(5) the stipulation as to the amount or rate of, or the term for, the profit- sharing under the profit-sharing agreement in respect of products derived from the use of the plant variety thereunder;

(6) the term of the agreement;(7) the revocation of the agreement;(8) the stipulation as to the dispute settlement procedure;(9)other items of particulars as prescribed in the Ministerial Regulation.

16

1999 PLANT VARIETIES PROTECTION ACT (4)Section 52. A person who collects, procures or gathers general domestic plant varieties, wild plant varieties or any part of such plant varieties for the purposes of variety development, education, experiment or research for commercial interest shall obtain permission from the competent official and make a profit-sharing agreement under which the income accruing therefrom shall be remitted to the Plant Varieties Protection Fund in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

The profit-sharing agreement shall at least have the following particulars: (1) the purposes of the collection and gathering of the plant variety; (2) the amount or quantity of samples of the intended plant variety; (3) the obligations of the person to whom permission is granted; (4) the stipulation as to intellectual property rights in the products which result from the development,

study, experiment or research of or into the plant variety and which are derived from the use of the plant variety under the agreement;

(5) the stipulation as to the amount or rate of, or the term for, the profit- sharing under the profit-sharing agreement in respect of products derived from the use of the plant variety thereunder;

(6) the term of the agreement;(7) the revocation of the agreement;(8) the stipulation as to the dispute settlement procedure;(9)other items of particulars as prescribed in the Ministerial Regulation.

16

1999 PLANT VARIETIES PROTECTION ACT (4)Section 52. A person who collects, procures or gathers general domestic plant varieties, wild plant varieties or any part of such plant varieties for the purposes of variety development, education, experiment or research for commercial interest shall obtain permission from the competent official and make a profit-sharing agreement under which the income accruing therefrom shall be remitted to the Plant Varieties Protection Fund in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

The profit-sharing agreement shall at least have the following particulars: (1) the purposes of the collection and gathering of the plant variety; (2) the amount or quantity of samples of the intended plant variety; (3) the obligations of the person to whom permission is granted; (4) the stipulation as to intellectual property rights in the products which result from the development,

study, experiment or research of or into the plant variety and which are derived from the use of the plant variety under the agreement;

(5) the stipulation as to the amount or rate of, or the term for, the profit- sharing under the profit-sharing agreement in respect of products derived from the use of the plant variety thereunder;

(6) the term of the agreement;(7) the revocation of the agreement;(8) the stipulation as to the dispute settlement procedure;(9)other items of particulars as prescribed in the Ministerial Regulation.

16

1999 PLANT VARIETIES PROTECTION ACT (4)Section 52. A person who collects, procures or gathers general domestic plant varieties, wild plant varieties or any part of such plant varieties for the purposes of variety development, education, experiment or research for commercial interest shall obtain permission from the competent official and make a profit-sharing agreement under which the income accruing therefrom shall be remitted to the Plant Varieties Protection Fund in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

The profit-sharing agreement shall at least have the following particulars: (1) the purposes of the collection and gathering of the plant variety; (2) the amount or quantity of samples of the intended plant variety; (3) the obligations of the person to whom permission is granted; (4) the stipulation as to intellectual property rights in the products which result from the development,

study, experiment or research of or into the plant variety and which are derived from the use of the plant variety under the agreement;

(5) the stipulation as to the amount or rate of, or the term for, the profit- sharing under the profit-sharing agreement in respect of products derived from the use of the plant variety thereunder;

(6) the term of the agreement;(7) the revocation of the agreement;(8) the stipulation as to the dispute settlement procedure;(9)other items of particulars as prescribed in the Ministerial Regulation.

16

1999 PLANT VARIETIES PROTECTION ACT (4)Section 52. A person who collects, procures or gathers general domestic plant varieties, wild plant varieties or any part of such plant varieties for the purposes of variety development, education, experiment or research for commercial interest shall obtain permission from the competent official and make a profit-sharing agreement under which the income accruing therefrom shall be remitted to the Plant Varieties Protection Fund in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

The profit-sharing agreement shall at least have the following particulars: (1) the purposes of the collection and gathering of the plant variety; (2) the amount or quantity of samples of the intended plant variety; (3) the obligations of the person to whom permission is granted; (4) the stipulation as to intellectual property rights in the products which result from the development,

study, experiment or research of or into the plant variety and which are derived from the use of the plant variety under the agreement;

(5) the stipulation as to the amount or rate of, or the term for, the profit- sharing under the profit-sharing agreement in respect of products derived from the use of the plant variety thereunder;

(6) the term of the agreement;(7) the revocation of the agreement;(8) the stipulation as to the dispute settlement procedure;(9)other items of particulars as prescribed in the Ministerial Regulation.

16

2010 Ministerial Regulation prescribing Criteria, Procedures and Conditions on Obtaining a Permission for Collecting, Procuring or Gathering a General

Domestic Plant Variety or Wild Plant Variety for a Purpose of Variety Development, Education, Experiment or Research for a Commercial Interest

and on Making a Profit-Sharing Agreement

1999 PLANT VARIETIES PROTECTION ACT (4)Section 52. A person who collects, procures or gathers general domestic plant varieties, wild plant varieties or any part of such plant varieties for the purposes of variety development, education, experiment or research for commercial interest shall obtain permission from the competent official and make a profit-sharing agreement under which the income accruing therefrom shall be remitted to the Plant Varieties Protection Fund in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

The profit-sharing agreement shall at least have the following particulars: (1) the purposes of the collection and gathering of the plant variety; (2) the amount or quantity of samples of the intended plant variety; (3) the obligations of the person to whom permission is granted; (4) the stipulation as to intellectual property rights in the products which result from the development,

study, experiment or research of or into the plant variety and which are derived from the use of the plant variety under the agreement;

(5) the stipulation as to the amount or rate of, or the term for, the profit- sharing under the profit-sharing agreement in respect of products derived from the use of the plant variety thereunder;

(6) the term of the agreement;(7) the revocation of the agreement;(8) the stipulation as to the dispute settlement procedure;(9)other items of particulars as prescribed in the Ministerial Regulation.

16

1999 PLANT VARIETIES PROTECTION ACT (4)Section 52. A person who collects, procures or gathers general domestic plant varieties, wild plant varieties or any part of such plant varieties for the purposes of variety development, education, experiment or research for commercial interest shall obtain permission from the competent official and make a profit-sharing agreement under which the income accruing therefrom shall be remitted to the Plant Varieties Protection Fund in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

The profit-sharing agreement shall at least have the following particulars: (1) the purposes of the collection and gathering of the plant variety; (2) the amount or quantity of samples of the intended plant variety; (3) the obligations of the person to whom permission is granted; (4) the stipulation as to intellectual property rights in the products which result from the development,

study, experiment or research of or into the plant variety and which are derived from the use of the plant variety under the agreement;

(5) the stipulation as to the amount or rate of, or the term for, the profit- sharing under the profit-sharing agreement in respect of products derived from the use of the plant variety thereunder;

(6) the term of the agreement;(7) the revocation of the agreement;(8) the stipulation as to the dispute settlement procedure;(9)other items of particulars as prescribed in the Ministerial Regulation.

16

1999 PLANT VARIETIES PROTECTION ACT (5)

Section 53. A person who conducts a study, an experiment or research of or into a general domestic plant variety or a wild plant variety or any part thereof for a non-commercial purpose shall comply with the Regulation prescribed by the Commission.

17

1999 PLANT VARIETIES PROTECTION ACT (5)

Section 53. A person who conducts a study, an experiment or research of or into a general domestic plant variety or a wild plant variety or any part thereof for a non-commercial purpose shall comply with the Regulation prescribed by the Commission.

17

1999 PLANT VARIETIES PROTECTION ACT (5)

Section 53. A person who conducts a study, an experiment or research of or into a general domestic plant variety or a wild plant variety or any part thereof for a non-commercial purpose shall comply with the Regulation prescribed by the Commission.

17

1999 PLANT VARIETIES PROTECTION ACT (5)

Section 53. A person who conducts a study, an experiment or research of or into a general domestic plant variety or a wild plant variety or any part thereof for a non-commercial purpose shall comply with the Regulation prescribed by the Commission.

17

1999 PLANT VARIETIES PROTECTION ACT (5)

Section 53. A person who conducts a study, an experiment or research of or into a general domestic plant variety or a wild plant variety or any part thereof for a non-commercial purpose shall comply with the Regulation prescribed by the Commission.

17

1999 PLANT VARIETIES PROTECTION ACT (5)

Section 53. A person who conducts a study, an experiment or research of or into a general domestic plant variety or a wild plant variety or any part thereof for a non-commercial purpose shall comply with the Regulation prescribed by the Commission.

17

2004 Regulation of the Plant Variety Protection Commission on Conducting a Study, an Experiment or Research of on into a General Domestic Plant

Variety and Wild Plant Variety for a Non-Commercial Purpose

1999 PLANT VARIETIES PROTECTION ACT (5)

Section 53. A person who conducts a study, an experiment or research of or into a general domestic plant variety or a wild plant variety or any part thereof for a non-commercial purpose shall comply with the Regulation prescribed by the Commission.

17

1999 PROTECTION AND PROMOTION OF THAI TRADITIONAL MEDICAL KNOWLEDGE ACT (1)

18

1999 PROTECTION AND PROMOTION OF THAI TRADITIONAL MEDICAL KNOWLEDGE ACT (1)

82 sections

7 chapters + rates of fees

19

1999 PROTECTION AND PROMOTION OF THAI TRADITIONAL MEDICAL KNOWLEDGE ACT (2)

general provisions (SS1-4)

Chapter I: Protection and Promotion of Thai Traditional Medical Knowledge Committee (SS5-13)

Chapter II: Protection and Promotion of Thai Traditional Medical Knowledge (SS14-43)

Chapter III: Herbs Protection (SS44-65)

Chapter IV: Appeal SS66-72)

Chapter V: Competent Official (SS73-75)

Chapter VI: Thai Traditional Medical Knowledge Fund (S76)

Chapter VII: Penalties (SS77-82)

Rates of Fees

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1999 PROTECTION AND PROMOTION OF THAI TRADITIONAL MEDICAL KNOWLEDGE ACT (2)

Section 19. Whoever desires to apply a national recipe of Thai traditional medicine for drug recipe registration and for drug production licence under the law on drugs, or to conduct study and research with a view to improve or develop the new recipe of drug for commercial benefit, or to conduct study on national treatise on Thai traditional medicine with a view to improve or develop the new Thai traditional medical knowledge for commercial benefit, shall submit an application for licence thereto and pay fee as well as consideration for utilisation thereof to the licensor.

An application for and the granting of licence, limitation of right, and consideration shall be in accordance with the rules, procedure and conditions as prescribed by the Ministerial Regulation.

21

1999 PROTECTION AND PROMOTION OF THAI TRADITIONAL MEDICAL KNOWLEDGE ACT (2)

Section 19. Whoever desires to apply a national recipe of Thai traditional medicine for drug recipe registration and for drug production licence under the law on drugs, or to conduct study and research with a view to improve or develop the new recipe of drug for commercial benefit, or to conduct study on national treatise on Thai traditional medicine with a view to improve or develop the new Thai traditional medical knowledge for commercial benefit, shall submit an application for licence thereto and pay fee as well as consideration for utilisation thereof to the licensor.

An application for and the granting of licence, limitation of right, and consideration shall be in accordance with the rules, procedure and conditions as prescribed by the Ministerial Regulation.

21

1999 PROTECTION AND PROMOTION OF THAI TRADITIONAL MEDICAL KNOWLEDGE ACT (2)

Section 19. Whoever desires to apply a national recipe of Thai traditional medicine for drug recipe registration and for drug production licence under the law on drugs, or to conduct study and research with a view to improve or develop the new recipe of drug for commercial benefit, or to conduct study on national treatise on Thai traditional medicine with a view to improve or develop the new Thai traditional medical knowledge for commercial benefit, shall submit an application for licence thereto and pay fee as well as consideration for utilisation thereof to the licensor.

An application for and the granting of licence, limitation of right, and consideration shall be in accordance with the rules, procedure and conditions as prescribed by the Ministerial Regulation.

21

1999 PROTECTION AND PROMOTION OF THAI TRADITIONAL MEDICAL KNOWLEDGE ACT (2)

Section 19. Whoever desires to apply a national recipe of Thai traditional medicine for drug recipe registration and for drug production licence under the law on drugs, or to conduct study and research with a view to improve or develop the new recipe of drug for commercial benefit, or to conduct study on national treatise on Thai traditional medicine with a view to improve or develop the new Thai traditional medical knowledge for commercial benefit, shall submit an application for licence thereto and pay fee as well as consideration for utilisation thereof to the licensor.

An application for and the granting of licence, limitation of right, and consideration shall be in accordance with the rules, procedure and conditions as prescribed by the Ministerial Regulation.

21

1999 PROTECTION AND PROMOTION OF THAI TRADITIONAL MEDICAL KNOWLEDGE ACT (2)

Section 19. Whoever desires to apply a national recipe of Thai traditional medicine for drug recipe registration and for drug production licence under the law on drugs, or to conduct study and research with a view to improve or develop the new recipe of drug for commercial benefit, or to conduct study on national treatise on Thai traditional medicine with a view to improve or develop the new Thai traditional medical knowledge for commercial benefit, shall submit an application for licence thereto and pay fee as well as consideration for utilisation thereof to the licensor.

An application for and the granting of licence, limitation of right, and consideration shall be in accordance with the rules, procedure and conditions as prescribed by the Ministerial Regulation.

21

1999 PROTECTION AND PROMOTION OF THAI TRADITIONAL MEDICAL KNOWLEDGE ACT (2)

Section 19. Whoever desires to apply a national recipe of Thai traditional medicine for drug recipe registration and for drug production licence under the law on drugs, or to conduct study and research with a view to improve or develop the new recipe of drug for commercial benefit, or to conduct study on national treatise on Thai traditional medicine with a view to improve or develop the new Thai traditional medical knowledge for commercial benefit, shall submit an application for licence thereto and pay fee as well as consideration for utilisation thereof to the licensor.

An application for and the granting of licence, limitation of right, and consideration shall be in accordance with the rules, procedure and conditions as prescribed by the Ministerial Regulation.

21

2015 Ministerial Regulation on Submission of Application for and Granting of a License, Limitations of Rights and Benefits Derived from Utilization of Thai

Traditional Drug Recipe or Thai Traditional Medicine

1999 PROTECTION AND PROMOTION OF THAI TRADITIONAL MEDICAL KNOWLEDGE ACT (2)

Section 19. Whoever desires to apply a national recipe of Thai traditional medicine for drug recipe registration and for drug production licence under the law on drugs, or to conduct study and research with a view to improve or develop the new recipe of drug for commercial benefit, or to conduct study on national treatise on Thai traditional medicine with a view to improve or develop the new Thai traditional medical knowledge for commercial benefit, shall submit an application for licence thereto and pay fee as well as consideration for utilisation thereof to the licensor.

An application for and the granting of licence, limitation of right, and consideration shall be in accordance with the rules, procedure and conditions as prescribed by the Ministerial Regulation.

21

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Table courtesy: http://chm-thai.onep.go.th/chm/ABS/Documents/Nagoya/ACCESS%20Eng.pdf

HOWEVER, …

1941 Forest Act

1961 National Park Act

1964 National Reserved Forest Act

1992 Wildlife Preservation and Protection Act

2015 Fisheries Emergency Decree

2015 Promotion of Marine and Coastal Resources Management Act

laws on local governments

etc

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FURTHERMORE, …

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FURTHERMORE, …

1999 Regulations of the Office of Prime Minister on Conservation and Utilisation of Biological Diversity (in Thai)

2011 Regulations of the National Committee on Conservation and Utilisation of Biological Diversity on Criteria and Methods for Accessing Biological Resources and Sharing of Benefits Arising from Biological Resources (in Thai)

2015-2021 Master Plan for Integrated Biological Diversity Management (in Thai)

(Draft) 2017-2021 Action Plan for Biological Diversity Management (in Thai)

25

FURTHER READINGS & SELECTED LINKS:

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FURTHER READINGS & SELECTED LINKS:

Office of Natural Resources and Environmental Policy and Planning of Thailand, Access and Benefit-Sharing <http://chm-thai.onep.go.th/chm/ABS/Documents/Nagoya/ACCESS%20Eng.pdf>

2015-2021 Master Plan for Integrated Biological Diversity Management (in Thai) <http://chm-thai.onep.go.th/chm/Doc/Publication/policy/model_scheme/model_scheme_2558-2564.pdf>

Draft 2017-2021 Action Plan for Biological Diversity Management (in Thai) <http://chm-thai.onep.go.th/chm/Doc/Publication/policy/NBSAPs/NBSAPs60-64.pdf>

Office of Natural Resources and Environmental Policy and Planning of Thailand <http://www.onep.go.th>

Clearing House Mechanism of Thailand <http://chm-thai.onep.go.th/index.aspx>27

DISCUSSION: POSSIBLE LESSONS FROM KOREA

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– Ram Dass

“Each of us finds his unique vehicle for sharing with others his bit of wisdom.”

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MERRY CHRISTMAS 2016 & HAPPY NEW YEAR 2017

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Dean Udom

MERRY CHRISTMAS 2016 & HAPPY NEW YEAR 2017

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AmnatJumphot Boonsri Narong

Chacrit Surasak Naporn Natsuda

Dean Udom