More than 100 Thai farmers and campaigners marched through Bangkok on September 23 to oppose proposed seed protection rules being discussed in the Thailand-EU trade talks.
The protesters fear the changes could restrict their ability to save and replant seeds, although the government maintains that no agreement has been reached.
The demonstration came ahead of the next round of free trade negotiations between Thailand and the European Union, scheduled to take place in Phuket from September 28 to October 6.
At the centre of the dispute is UPOV 1991, an international convention that strengthens intellectual property protection for newly developed plant varieties. Farming groups are concerned that adopting the agreement could increase their dependence on commercial seed producers and affect Thailand’s agricultural biodiversity.
Farmers demand protection
Protesters marched from Bangkok City Hall to the Ministry of Agriculture and Cooperatives, where they submitted a petition calling on the government to reject the proposed convention.
Representatives of farming networks warned that stronger protections for commercial plant breeders could restrict traditional seed-saving practices, increase production costs and threaten food security. They urged Thai negotiators to exclude UPOV 1991 from any future trade agreement with the EU.
The Agriculture Ministry received the petition and confirmed on September 23 that it had not decided whether Thailand should adopt the convention. It said consultations with farmers and other affected groups would continue and that it would not support measures that undermined farmers’ rights or disadvantaged the country.
Government says existing seed rights remain protected
The demonstration followed a September 21 statement by Deputy Government Spokesperson Lalida Perisvivatana, who rejected reports that Thailand had already agreed to adopt UPOV 1991 as part of its negotiations with the EU.
Lalida explained that the European proposal was an initial negotiating position rather than an agreement accepted by Thailand. The Commerce Ministry was continuing to assess the proposal’s implications for intellectual property and agriculture.
Under Section 33 of Thailand’s Plant Varieties Protection Act 1999, farmers can save and replant propagating material they produce themselves, subject to certain conditions.
The law also provides exemptions for education, research, plant breeding and specified non-commercial activities. However, producing or selling propagating material from protected varieties commercially without the necessary permission is a separate matter.
What the international seed treaty would change
UPOV 1991 establishes intellectual property rights for breeders of new plant varieties, giving them greater control over the reproduction and commercial use of protected plants.
However, the convention does not impose a blanket prohibition on saving seeds. Article 15(2) allows participating countries to introduce exemptions permitting farmers to reuse seeds harvested from protected varieties on their own land, within reasonable limits and subject to protecting breeders’ legitimate interests.
Those exemptions are optional, meaning individual countries must decide whether and how to incorporate them into domestic legislation.
This distinction remains a central concern for farming groups, which argue that the available exemptions might not adequately protect existing seed-saving practices. The government maintains that any impact on farmers will depend on the outcome of negotiations and the legislation subsequently adopted by Thailand.
Further negotiations scheduled in Phuket
Suphajee has instructed Thai negotiators to consider farmers’ rights, biodiversity and national food security alongside trade opportunities and agricultural innovation.
The Commerce Ministry is working with the Department of Agriculture, Department of Intellectual Property and relevant health agencies to examine the possible consequences of adopting the convention.
The government has also stressed that a completed free trade agreement would not automatically change existing Thai legislation. Under Section 178 of the Constitution, agreements of this nature require parliamentary approval, while any necessary amendments to domestic law must follow the legislative process.
The next round of Thailand-EU negotiations begins in Phuket on September 28, with the proposed plant protection provisions still unresolved.
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The story Thai farmer rights at centre of EU trade talks as seen on Thaiger News.
