Problems on the Enforcement of Business Security Law : Case Study Of Plant Varieties

Abstract

This research aimed to study the problems on the enforcement of Business Security Law : the case study of plant varieties. This research collected the data on the problems on enforce the secured transactions laws and important issues for a revision of the Business Security Act B.E. 2558 through qualitative research consisting of documentation and in-depth interview. The result showed that using the plant varieties as collaterals in accordance with the Business Security Act B.E. 2558 encountered the enforcement problems which probably led to un acceptance and not widely applicable in the business domain. This resulted from the current applicable laws lacking clarity and having no criteria and methods of using the plant varieties as collaterals in order to receive fair acceptance between a security provider and a security receiver as follows: (1) the problems on the values of plant varieties, (2) the problems on valuation of plant varieties, and (3) the problems on enforcement of the plant varieties security, which led to the analysis and suggestions to revise the Business Security Act B.E. 2558 as the important findings of this research. This research suggested that the approaches for revising the Business Security Act B.E. 2558 as follows: (1) add the definition of plant varieties valuer under Section 3, (2) add the criteria and methods of intellectual property valuation as Chapter 1/1 New Plant Varieties Valuation, (3) add the criteria on the markets to support plant varieties transactions as Paragraph 2 under Section 40.