Forage seed production in Thailand and the Greater Mekong Subregion (GMS) Exploration of development opportunities Prepared by Tassilo Tiemann May 2023 The Alliance of Bioversity International and the International Center for Tropical Agriculture (CIAT) delivers research-based solutions that address the global crises of malnutrition, climate change, biodiversity loss and environmental degradation. The Alliance focuses on the nexus of agriculture, nutrition and environment. We work with local, national and multinational partners across Africa, Asia, Latin America and the Caribbean, and with the public and private sectors and civil society. With novel partnerships, the Alliance generates evidence and mainstreams innovations to transform food systems and landscapes so that they sustain the planet, drive prosperity and nourish people in a climate crisis. The Alliance is part of CGIAR, the world’s largest agricultural research and innovation partnership for a food-secure future dedicated to reducing poverty, enhancing food and nutrition security, and improving natural resources. https://alliancebioversityciat.org www.cgiar.org Forage seed production in Thailand and the Greater Mekong Subregion (GMS) Exploration of development opportunities Prepared by Tassilo Tiemann May 2023 Table of Contents Introduction ...........................................................................................................................................6 Forages in Thailand ..............................................................................................................................7 Forage seeds in Thailand and the SEA region .................................................................................... 10 Forage seed selection or breeding in-country ..................................................................................... 13 Forage seed certification options ........................................................................................................ 14 Requirements for varietal registration .................................................................................................. 15 Import and export of seeds ................................................................................................................. 18 Farmers needs .................................................................................................................................... 19 Grasses ..................................................................................................................................... 19 Legumes ................................................................................................................................... 20 The location Thailand .......................................................................................................................... 21 Potential for collaboration .......................................................................................................... 21 Production setup ....................................................................................................................... 21 Conclusion .......................................................................................................................................... 22 Acknowledgement ............................................................................................................................... 23 Sources .............................................................................................................................................. 24 Annex ................................................................................................................................................. 25 I. Thailand, Additional information as referred to above ....................................................... 25 1. Plant varieties currently registered as protected under Breeder Rights in Thailand: ......... 25 2. Development of Feed Resources and Forage Crops for the Domestic Livestock in Rural Areas of Indochina project document ................................................................................................... 26 II. Cambodia ......................................................................................................................... 29 Forages in Cambodia ................................................................................................................ 29 Seed production in Cambodia ................................................................................................... 29 Institutional setup for research centers ...................................................................................... 30 Import and IPR procedures ....................................................................................................... 30 Law and Regulations ................................................................................................................. 31 Sources ..................................................................................................................................... 33 III. Laos ................................................................................................................................. 34 Forages in Laos ......................................................................................................................... 34 Seed production in Laos ............................................................................................................ 34 Seed certification ....................................................................................................................... 35 Institutional setup for research centers ...................................................................................... 35 Import and IPR procedures ....................................................................................................... 35 Sources ..................................................................................................................................... 35 IV. Vietnam ............................................................................................................................ 36 Livestock and Forages in Vietnam ............................................................................................. 36 Seed production in Vietnam ....................................................................................................... 38 Seed certification ....................................................................................................................... 40 Institutional setup for research centers ...................................................................................... 40 Import and IPR procedures ....................................................................................................... 40 Sources ..................................................................................................................................... 43 Introduction This study was commissioned by the Alliance of Bioversity International and CIAT to assess the viability of enhancing forage selection and dissemination and targeting breeding and selection efforts focusing on the specific needs of South-East Asian farming systems. The opportunity to be assessed is to strengthen the Alliance’s collaboration with the Thai government in the framework of improved Tropical Forages. The study aims to address bottlenecks for forage seed supply systems for: a) the internal Thai market; b) for export in the SEA region, specifically to Vietnam, Laos and Cambodia. This study thus aims at providing a good understanding of the forage seed systems in Thailand, its links with the wider SEA region, and reviews high-level stakeholder engagements with government authorities and the private sector. It provides an overview of forage seed certification options available in-country to ensure seed quality (e.g., purity and germination), requirements for varietal registration, and regulations for import/export of seeds. Forages in Thailand The numbers of beef cattle decreased by about 30% between 2005 and 2015 as a result of land use changes related to intensifying food-feed-bio energy crop production. This development has limited livestock grazing areas as well as household labor availability. During the same time, the growth of the dairy cattle population and milk production had witnessed an opposite trend, with the largest number of dairy cattle in the central region (an average of 30 cattle per farm on 3.2-hectare land holdings, milk production totaling ca. 967,844 tons per year) (AMIS, 2014). Since then, these trends have reverted though and now, both beef cattle and dairy numbers, have increased strongly again, having risen from 509,524 for dairy and 4,407,108 heads for beef in 2015 to 812,235 dairy cattle and 9,394,111 heads of beef in 2022 (Department of Livestock Development data). While in the beef sector, more than 1.3 million farmers own 1-20 cattle, only 367 own more than 200, indicating a strong dominance of smallholder production. Dairy producers tend to be larger but large producers still produce only an estimated 25-30% of the total volume, with producers up to 100 heads producing the lion’s share. Table 1: Number of animals per producer for beef and dairy cattle in Thailand (2022). Number of heads 1-20 21-100 101-200 > 200 Number of farmers (beef) 1,362,288 49,666 1,074 367 Number of farmers (dairy) 8,759 14,755 538 65 Ruminant feeding systems are traditionally largely based on local agro-industrial by-products and the native/naturalized grasses found in mixed farming systems. For dual purpose cattle, a shortage of feed, both in terms of quantity and quality, has become a major constraint. Where high quality roughage is of short supply, dairy farmers are forced to supplement rice straw, crop residues, agro-industrial by- products and/or low-quality roughage with concentrates, which leads to underperformance of the animals (AMIS, 2014). Recently, smallholder farmers have started to use concentrates and/or total mixed ration (TMR) bought through dairy cooperatives to feed their dairy cattle. Whilst the main roughage remains rice straw, an increasing number of farmers are also producing forages such as Napier and Ruzi grass, and buy corn silage, by-products, cassava pulp, etc. (Department of Livestock Development data). The costs incurred by such supplementation are unclear. Feed prices had a slight tendency to increase in 2022 (Error! Reference source not found.), ranging between 8 and 16 THB per kg depending on feed, and above 23 THB for soybean meal. Nevertheless, feed imports have been increasing strongly before COVID-19 started to strangle economic activities in 2021 (Table 2). In dairy production ration include 5-15 kg of concentrate per day, while fresh grasses are supplied at 30-40 kg/d (Guinea, Ruzi, Napier, or Para). During the dry season fresh feed is replaced with silage, hay, rice straw, and other residues and by-products (personal communication). Figure 1: Animal feed prices per kg for 2022 in Thailand (provided by Department of Livestock Development, Thailand). By-products suitable as feed come from paddy, field crops, orchards and plantation, and vegetable gardens. Cassava, sugar cane, pineapple, oil palm, and corn are produced in upland areas while land of low fertility is used for ruminant grazing. For non-ruminants, (broilers, layers, meat ducks and pigs) commercial compound feed from corn, soybean, fishmeal, cassava, and rice bran are used with some of the ingredients being imported in large quantities (Table 2). The availability of feed and roughages for ruminants often remains restricted in the dry season. Interest in quality forages in the region has therefore significantly increased over the past decade. Whereas for example in 2012 of the 130t of forage seeds produced by Ubon Seeds Co. Thailand, 95% were exported overseas and only 5% were sold locally and regionally, this proportion is reversed now, with most produce sold regionally. The production volume for 2023 is estimated to be about 100t. Table 2: Import statistics for grains and animal feeds into Thailand for three consecutive years (Thai import statistics 2022). 2019 2020 2021 Barley Volume (t) 383,772 793,889 N/A Total value (THB) N/A 5,557,223 N/A Price (THB) N/A N/A N/A Wheat Volume (t) 1,796,143 1,848,396 376,477 Total value (THB) 13,240,450 13,644,589 3,051,843 Price (THB) 7.70 7.38 8.11 Maize DDGS Volume (t) 564,881 629,591 108,605 Total value (THB) 4,340,554 4,883,905 891,406 Price (THB) 1.68 7.76 8.21 Maize Volume (t) 681,459 1,587,503 810,111 Total value (THB) 4,772,171 8,686,458 4,582,462 Price (THB) 7.00 5.47 5.66 Maize supply Volume (t) 5,069,413 4,535,058 4,800,000 Maize demand Volume (t) 8,250,000 8,440,000 8,380,000 Forage seeds in Thailand and the SEA region The Asia and Pacific Seed Association (APSA, https://web.apsaseed.org/), of which the CGIAR (esp. CIMMYT and IRRI) is a stakeholder, was established in 1994, with the aim of promoting quality seed production and marketing in the Asia and Pacific Region. Today, it is the largest network of companies, associations and government bodies relating to seeds in the Asia Pacific region, including Thailand (with DOA, DOAE, NSTDA and KU as national stakeholders). It serves as a platform for sharing ideas and knowledge for better understanding, collaboration, and business growth. However, on a national level, Thailand is the only country in continental SE-Asia with a national seed association (http://seed.or.th/english/eng_index.html). Additionally, the Thai Seed Trade Association (THASTA, https://thasta.com/en/home/) has 155 members, from R&D, production, marketing, import/export, wholesale, and retail entities. THASTA promotes good relations between their members and builds links to other related associations who are interested in seed or seed technology. They also disseminate information on related topics and technologies to members and the general public and facilitate the development of the Thai seed industry on governmental and private sector level (e.g., regulations etc.). Furthermore, they provide advice to businesses on regulations and other seed sector related matters. The Forage Seed Production Association of Thailand, based in Khon Kaen, provides a knowledge exchange platform and is linked to the Thailand Pasture Seed Producer Club and its activities (see below). It is a less formal and much smaller arrangement than the previously mentioned associations and is mainly maintained through personal commitment of professionals in the field of livestock development and animal feeds. However, figures on forage seed production or sales as far as available in a compiled form, come from the Department of Livestock Development (Table 3). Table 3: Forage seed sales of farmers reported by the Bureau of Animal Nutrition Development, Department of Livestock Development THAILAND in 2022 (in kg). Province Stylo cv. Mombasa Purple Mulato II Ruzi P. atratum verano guinea guinea Yasothorn 934 361 Amnatchareun 9,090 6,050 Kalasin 6,240 Nakhonpanom 1,020 Mahasarakham 9,300 643 93,500 Roied 7,650 21,750 Skonnakhon 2,020 Prae 2,100 Lampang 5,731 Sukhothai 20,160 Total 16,950 9,090 15,887 21,750 122,511 361 A number of private and public seed producers produce a range of legume and grass seeds for the Thai and export markets, making it a relatively dynamic environment. One private producer in Khon Kaen, for example, who also exports Mombasa seed to Myanmar and Vietnam, got orders for 35 tons of Ruzi seed for this season (2022-2023). The Department of Livestock Development (DLD) produces seed for use in projects and for sale to farmers. Their production is generally between 80 and 100 tons of seed per year. They produce foundation seed and breeder seed, but mostly about 24t of certified Ruzi seed. Other species include Stylosanthes. Leucaena, Pinto peanut (Arachis pintoi), Panicum maximum (now Megathyrsus maximus), Paspalum atratum and several more. The Thailand Pasture Seed Producer Club has an office close to DLD and is supported by them. The club started in 2003 with about 3000-4000 farmers, with the idea of linking farmers to buyers acting similar to a cooperative. The club would provide purification and sorting equipment, as well as packaging machines, and farmers would pay a small percentage of their sales to the club. Over the past 3-4 years, Panicum maximum has become very popular, with demand outstripping supply and driving prices up. Traders often approach farmers directly and offer high prices, so farmers now often sell straight to middlemen, which has led to a decrease in club members. Most of the Panicum is resold in Thailand. Currently, about 2000 farmers remain and produce 31t of Ruzi, 9t of Simuang (P. maximum), 1.5t Mombasa, 2.5t Paspalum, and 13t of Stylo. DLD Mahasarakham checks the seed quality, but the sales price is still lower than from private sector companies. Many farmers produce and sell forage seed by themselves, some even export to Myanmar and Vietnam. The Bureau of Animal Nutrition started a project in 2022 that aims at expanding farmer forage seed production area to a total of 4,800 ha. Farmers joining the project will plant Napier, Pangola, or Ruzi grass, or maize. Ubon Forage Seeds, a private operation, has in 2022 harvested 71 tons of Mun River and 25 tons of Mombasa, a smaller amount of Purple Guinea, 7 tons of Ubon Paspalum, 6 tons of Mulato II, and 5 tons of Ruzi (the latter three bought from producers in Laos). Other companies focus exclusively on one species, such as Arachis pintoi or Crotalaria juncea which they produce for niche markets or in large quantities with low margins. However, while Arachis finds some use as cover plant and crop, the Crotalaria market in SEA lies barren still. Producers rather take advantage of the diverse climatic conditions Thailand has to offer and produce for overseas buyers in Europe, the USA, Australia and more recently Africa. To satisfy future demands of these buyers, some producers (such as Isaan Seeds) venture into exploring other species, such as Lablab purpureus, Clitoria ternatea, Canavalia ensiformis or Centrosema pubescens, some of which could, in the wake of climate change, offer new options for farmers in more temperate parts of the globe. Some dedicated forage seed producers in the country are: 1. Ubon Forage Seeds Co Ltd, https://ubonforageseeds.com/en/about/ 2. Isaan Seeds Ltd, 55 Moo 7, Sa Yao, Sri Rattana, Srisaket, Sri Rattana 33240, Sisaket, Thailand 3. Raiwittaya (Thailand) Co. Ltd. (Khon Kaen province), https://www.raiwittaya.co.th/ 4. Paweenporn’s forage farm (Tak province), https://www.facebook.com/paweenporn/ 5. Panitta farm Co. Ltd, 76 Moo 4, Sokanokten Subdistrict, Phon District, Khon Kaen Province 40120 A major problem in Thailand, as reported by actors in seed value chains working with smallholder farmers as seed producers, is disloyalty in the form of breaches of contract. As in other countries in the region too, law enforcement in the agricultural sector is weak, which gives both farmers and investors little legal security. Complaints about breaches of contract are therefore very common and a major constraint to contract farming. Dishonest and opportunistic traders try to capitalize on this setup by actively luring farmers into selling contracted produce to them, paying a better price and then trying to sell the produce online at high prices, but without the necessary expertise to provide a high-quality product. In consequence, grass seed that was snatched away from contractors in this manner, got offered uncleaned and unscarified at the open market, leading to low uptake and potential reputational problems for the crop, especially among farmers who venture into forages for the first time. Similarly, high prices of alternative cropping options such as cassava can lead to many farmers shifting from forage seed production to higher profit crops, leaving buyers and processors scrambling for produce. The building of strong long-term relationships is thus essential to a healthy cooperation, but still does not provide guarantees for compliance. Forage seed selection or breeding in-country About 15-20 years ago, forage species selection and evaluation were carried out by few Thai individuals from universities or government departments, but they would only assess biomass yield and seed yield. During the Forage for Smallholders Project (Werner Stür and Peter Horne (CIAT) funded by ACIAR, 1995-99 & 2000-02), Brachiaria (now Urochloa) seed from CIAT was evaluated for drought tolerance in Thailand. Werner Stür brought the seed into the country and Mulato was found to perform well. However, Mulato had not been registered at this time and once IPRs had been established and the hybrid was released, work was not continued. An ongoing research project collaboration between JIRCAS (Japan International Research Center for Agricultural Sciences) and DLD, “The Development of Feed Resources and Forage Crops for Domestic Livestock in the Rural Areas of Indochina”, was the first such project in Thailand in recent years. It is a component of a larger project (“The Establishment of the Sustainability and Independence of Farm Household Economy in the Rural Areas of Indo-China”), which ran from April 2011 to March 2016. The rationale was that, whereas most tropical improved materials occupy vast areas of South America and Australia as superior pasture grasses, these cultivars were developed for large-scale pastures with extensive management and are less suitable for intensive small-scale pastures as common in SEA. Additionally, pronounced dry seasons put specific demands on pastures in the region, for which high seed production as focus, rather than high productivity was seen as important, arguing the importance to regenerate pastures regularly. The objective hence was to select a new tetraploid Brachiaria ruziziensis variety suited for the regions climate with high seed yield, crude protein and digestibility, by comparing the characteristics and nutritive values of promising materials at Nakhonratchasima Animal Nutrition Research and Department Center (NANRDC) and the Department of Livestock Development (DLD). A more detailed description of the research approach can be found in the annex. Currently, the Bureau of Animal Nutrition Development still has two projects on forage species improvement one on mass selection for Pennisetum purpureum (now Cenchrus purpureus), the second on Brachiaria (Urochloa) in which they plan to cross tetraploid Ruzi with Brachiaria decumbens cv. Basilisk. Forage seed certification options Certification options for seed including forage seed exist in Thailand and follow ISTA (International Seed Testing Association) rules. ISTA Orange certification for seed for example can be obtained by accredited institutions. Three staff of the Bureau of Animal Nutrition Development have been trained in seed testing for certification at Massey University, New Zealand. The Department of Livestock Development has forage seed laboratories in Mahasarakham and Phitsanulok provinces. As common practice, these often just provide a report on seed quality for a submitted sample, which is accepted by buyers in-country, but provides no actionable guarantee of quality. Requirements for varietal registration All member countries of the World Trade Organization (WTO) are obliged to introduce laws that allow their integration into WTO and the world economic community. Regulations on seed management and plant breeder’s rights are one such obligation. All nations in SE-Asia have joined the WTO. The Department of Agriculture (DoA) is responsible for the enforcement of the six Regulatory Acts under the Department’s jurisdiction; namely the Plant Quarantine Act B.E. 2551 (2008), Plant Variety Protection Act B.E. 2542 (2009), Fertilizer Act B.E. 2550 (2007), Plant Variety Act B.E. 2550 (2007), Rubber Regulation Act B.E. 2542 (2009), and the Toxic Substances Act B.E. 2551 (2008)# In Thailand, plant varieties are protected under the Plant Varieties Protection Act B.E. 2542 (1999), which is administered by the Ministry of Agriculture and Cooperatives. The Act aims to incentivize plant breeding and the conservation of plants and germplasm. The Act classifies plant varieties into four groups, including local domestic plant variety, wild plant variety, general domestic plant variety, and new plant variety. This article discusses how a new plant variety can be protected under the law. A new plant variety can be registered by a Thai plant breeder. A juristic person which has its head office in Thailand is treated as a Thai entity. A non-Thai plant breeder or a foreign entity may seek protection under the Act if they are a national of a country that is a party to the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights, which currently stands as the only international convention or treaty on plant varieties to which Thailand adheres (Siriwat, 2016). Thailand is currently, though, preparing to join UPOV (International Union for the Protection of New Varieties of Plants). In the words of the Plant Protection Act 2542 (Ministry of Agriculture and Cooperatives of Thailand, 1999) an applicant for registration of a new plant variety shall be a breeder with the following qualities: (1) being of Thai nationality or being a juristic person having a head office in Thailand; (2) being of the nationality of a country allowing Thai nationals or juristic persons having head offices in Thailand to apply for protection in that country; (3) being of the nationality of a country which is a party to an international convention or agreement on the protection of plant varieties to which Thailand is also a party; (4) having a domicile or carrying out real and effective industry or business in Thailand or in a country which is a party to an international convention or agreement on the protection of plant varieties to which Thailand is also a party. The conditions for protection of new plant varieties are similar to those included in the UPOV Convention. In addition to the requirements of DUS (Distinctness, Uniformity and Stability Testing), new plant varieties must not have been distributed in or outside the Kingdom by the breeder or with the breeder’s consent for more than one year prior to the date of application. This condition is roughly equivalent to the concept of commercial novelty included in the UPOV Conventions and many countries’ plant variety protection laws. The rights conferred with respect to new plant varieties are also roughly equivalent to those provided under UPOV 1991, although the protection periods are shorter than those established by UPOV 1991, lasting for 12 years for plants giving fruits within a period of not over two years of the cultivation, 17 years for plants giving fruits after more than two years of cultivation, and 27 years for tree- based plants giving fruits after two years or more of cultivation. Going beyond the UPOV Conventions, the Thai law requires applications for new plant variety protection to include details about the origin of the genetic material used for breeding, as well as a proof of a profit- sharing agreement when general domestic or wild plant varieties have been used for breeding of the variety. Varieties for which Plant Breeder Rights (PBRs) were granted are written into the national register of protected varieties (Gagné and Ratanasatien, 2016). In practice, experiences vary, probably depending on crop and expectations. Registration was reported to be a complicated and lengthy process that requires a lot of expert knowledge, often more than private sector players can offer or are willing to afford. Even large companies of cash crops, such as oil palm, reportedly abstain from going through the process of registration to obtain PBRs, being considered too lengthy and difficult. Other companies have produced the data necessary to apply for PBRs in other countries (e.g., Australia) through partner companies who would use them for the Plant Variety Rights application. The application in Thailand requires an in-depth description of botanical differences of the new variety, including very detailed leaf, stem and flower measurements. Given the differences in plant material, the application process is not uniform, but specific for each species. For material of species that have previously been registered, existing guidelines can be used (right process in Figure 1). This would now be the case for Pennisetum or Brachiaria materials. Other species that have not previously been registered will require the full process (both sides in Figure 1), starting with requesting to enter the genus in the plant protection list and then developing guidelines suitable for the actual testing. While this is not a difficult process, it is time-consuming and should be started early on, maybe already during the selection and evaluation phase for new varieties, several years ahead of an expected registration. The registration of a newly developed Brachiaria hybrid as a result of the collaboration between DLD and JIRCAS is currently in progress. The Department of Agriculture is responsible for the registration of the new plant material but has little experience with forage, as mostly cash crops get registered. This makes the process more difficult now, but it is expected that the second registration of a forage species would already benefit from this first. However, the regulations seem to be developed for each genus and currently exist for Napier grass and Brachiaria (it is not clear if the renaming to Urochloa will cause complications) and other species might face slower processes than these two. For other crops, upon submission, DOA will carry out a DUS test (Distinctness, Uniformity and Stability Testing) by itself, but for forage species, it delegates this task to the Bureau of Animal Nutrition Development. For the two species mentioned above, the plot tests take two years, and data will be assessed by a committee from DOA and selected specialists, deciding the eligibility of the material, which will lead to approval or rejection. Figure 2: Application process for breeder rights. If a species has not been registered previously both pathways have to be taken, the left in order to develop the guidelines for registration, the one to the right for the actual registration. Since the Act also sets out specific rules on access and benefit sharing, a person who collects or gathers wild plant varieties for commercial research must obtain permission from the Ministry and sign a profit- sharing agreement. The income accrued from the varieties gathered under the agreement will go into the Plant Varieties Protection Fund for plant conservation purposes (Siriwat, 2016). Though this is unlikely to be the case for CIAT’s activities, it might still be an option, and thus should be considered. Plant species for which protection under the Breeder Rights Law was granted by the year 2016 are listed in the Annex. They include Pennisetum and an application for Brachiaria (see above) as forage grass species. Import and export of seeds Officially, all seeds entering Thailand must be accompanied by phytosanitary and GM-free certificates, both of which must be issued by an approved authority. Seeds not accompanied by such certification are subject to analysis to confirm their phytosanitary and GM-free status by government quarantine laboratories. Their import is also liable to tax. However, small quantities of seed (less than 100g) for research purposes are tax free. While bringing small amounts of seeds into the country bypassing the official channels is against regulations, it is effectively very common with the assumption being that small quantities from a reliable source for research in a controlled environment are unlike to cause harm. However, political motives may lead to delays or constraints, as was experienced in some sectors (see below under Difficulties and Risks). Export is unhampered from the Thai side but import conditions of the destination country need to be observed. Most countries in SEA seem to follow similar policies as Thailand, though, and require seed quality certification and fumigation (phytosanitary certification) which will be done by the Department of Agriculture. Some logistics companies act as facilitators for import and export procedures. However, importing countries have different procedures, all of which can be complied with very quickly or in a couple of weeks. The exception is if a PRA (Plant Risk Analysis) is demanded for the introduction of new materials, in which case the process can be very slow from the Thai side. Even though the process is only moderately complex, not requiring more than a few days of a government agent to be completed, it can take years before action is taken. An independent issue is shipping costs, which rose due to COVID more than 5-fold from 3500 to 19000 USD per container. Whilst this presented less of a problem for short-distance exports, such as to Cambodia or Laos, overseas transportation has become a concern, especially for bulk producers, whose margins are entirely consumed by shipping costs, forcing them to double their prices and reducing their potential competitiveness. However, this situation may be of a temporary nature. Farmers needs Grasses While in the past farmers did not choose forages actively but rather tried out what was cheapest and most available, many are now choosing more carefully. Seed availability still shapes decisions, as do social media, especially Facebook and WhatsApp groups. Farmers who are new to forages often ask in such groups for advice on forage species, yields, crude protein content etc. The answers are, however, not always adequate since they do not consider the differences in environment, including soils, temperature, rainfall, etc., and are based on individual experiences. Advertising, either by the private sector or governments, is also targeting this segment of farmers, and often distorts reality. Words like hybrid and super have been added to common varieties (e.g., Super Mombasa F1) by private firms, proclaiming them to be far superior to their commonly named twins. Similarly, new materials such as Cayman, Cobra, Camello, or Mestizo, have been introduced in the market with high promises, few of which so far were found to be significant for farmers (e.g., waterlogging tolerance in Cayman, or more upright growth in Cobra). Cobra in fact was often disliked by farmers because similar to Mulato II, it itches when harvested. Camello was not yet seen as competitive to other grasses by many farmers due to its shorter growth and was additionally disliked by seed producers because it seeds throughout the wet season, making production very difficult. Sweet grass (also Israel Sweet grass), a type of dwarf Napier grass, has found its way into farming systems by cuttings. It was and is, like many other Napier grasses, promoted by local government agencies in Thailand, Laos, Cambodia and Vietnam. Although it has fairly good protein levels, it only grows well on fertile soils, as other Napier materials too, and no good research comparing it to other materials has been done. While it certainly does have its space in farming systems, guinea grasses and Mulato II are seen as superior materials by local experts. While this does not do direct harm, it apparently increases the number of options, making it harder for farmers to distinguish between real and imagined progress. Panicum maximum cultivars, such as Simuang, TD 58 (Tanzania), and Mombasa, are cherished especially as cut-and-carry forages and are widely planted in the region. While Ruzi used to be the entry level forage, it has been largely supplanted by these Guinea grasses now. Mulato II is now entering increasingly the market, with farmers realizing its value, despite the high cost of seeds. The forage quality Mulato II produces, its drought tolerance and its grazing tolerance, convinces farmers that it is worth the premium. Still, Mulato II is hairy and many smallholder farmers who focus on cut-and-carry complain about itchy arms when cutting the plants. The criteria farmers in the region generally consider in forages are high yield, good quality, and easy establishment. Specific criteria may depend on local conditions and farming/livestock system; they include issues such as the hairiness of Mulato II, already mentioned, and sharp leaves especially in older Paspalum, as well as its perceived inferior performance in the uplands. Thailand’s neighbouring countries (especially Myanmar, Cambodia and Vietnam) rely to some degree on forage seed production and imports from Thailand. Farmers in the Philippines are already further progressed in their diversification from Guinea grasses and buy equal quantities of Mulato II and Mombasa each year. In Vietnam, Cambodia and Malaysia, Mombasa is still the preferred material, whereas Indonesian and Burmese farmers prefer Mulato II. Laos imports Mombasa, Mulato II and Ubon stylo. Legumes Demand for legumes can be divided into regional and global demand. On a regional level, the demand for existing materials is currently rather low, though potential demand is high if materials suitable for local needs were on offer. Stylo, Desmodium, Centrosema, Pueraria, and to a lesser extent Crotalaria and Arachis are all being sold across the region but in comparatively small quantities, though exact figures do not seem to exist. Large seed companies such as East-West Seeds are encouraging growers to grow Crotalaria as nematode control. One major limitation of current legumes on offer is their inability to compete with forage grasses in mixtures, depriving tropical systems of an equivalent to a ryegrass-clover pasture in temperate climates. Professionals in the livestock and seed sector in Thailand see this as a huge potential market, but admit that making it work, could be challenging. International demand for legumes, especially in subtropical and temperate areas outside the region, is high. Production of Crotalaria juncea can currently not meet demand, and production output is doubling on a yearly basis. However, to supply markets in developed countries, high quality standards need to be met and weed contamination needs to be eliminated as far as can be expected. It is likely that other materials will become interesting in the future as a consequence of climate change, including Stylo, though creating interest for new materials is often challenging. Experience with Canavalia ensiformis shows that the few farmers who did try it, found it excellent material, and Lablab and Canavalia were very successfully introduced in Spain. Also, new pathways are being explored by some enterprises in Europe and the US, where for example Crotalaria is sometimes used for biodiesel (Italy), as intercrop in sugarcane (US, EU), or replaces hemp for some applications. Its ability to fix N while otherwise having many similarities to hemp makes it for some farmers preferable. Generally, especially winding legumes such as Clitoria, Canavalia, or Centrosema require not only the development or suitable material but also the presentation of a functioning system, since they cannot simply replace prostrate species. Hence, producers find it often challenging, in addition to material selection and production, to also find ways of integrating such materials into existing farming systems. The number of systems and potential uses also makes it difficult to define the properties of an ideal material. Some materials also depend on specific pollinators, such as carpenter bees in order to produce seed, which can limit their production in some areas. However, some properties specific to an ideal forage legume would be: • Easy to establish and maintain; • Perennial; • Endures regular cutting or grazing; • Combines with forage grasses into a reasonably stable community; • Produces seed easily and during the dry season; • Produces small seeds, as they are more efficiently transported. The location Thailand Potential for collaboration The DLD Laboratory in Mahasarakham province has ambitions to become a forage seed hub. They already have machinery for purification etc. but have for now no collaboration with other companies. They are planning to offer quality checks and certification services in the future. The Bureau of Animal Nutrition Development has 33 centers in every region of Thailand. They also have several sections of interest, including a Forage Seed Development section, which is responsible for research and development of seed technology, conditioning, storage and quality testing. The forage seed quality testing laboratory provides seed quality testing and certification for forage seed following ISTA rules. Seed quality reports include seed moisture content, seed purity, 1,000-seed weight, and germination rate. Experience from the cassava program, working on cassava and waxy cassava germplasm in Thailand was from an institutional collaboration point of view quite positive. Formal collaborations with Kasetsart University (KU) and the Thai Tapioca Development Institute (TTDI) were very reliable, fruitful and honest, including thorough crediting of contributions, even in publications that were not authored by and had no contribution from CIAT. The work relationship was generally described as cordial and supportive. Communication in Asian countries generally works different from the west, being less based on email and more relying on face-to-face interaction and fast communication tools such as messaging apps and teleconferences. However, collaborators were found to be generally reliable in producing results, even if they did not report back on current progress. However, expert resources for most tasks need to be imported from outside the country. The private sector is generally very open to potential collaboration as long as such does not deviate too far from their business model. Due to the lack of public private partnerships in Thailand, private firms are currently undertaking research and plant selection themselves as far as possible within their means. Support for these endeavors would be welcome. Production setup Seed production in Thailand is generally performed by smallholder farmers in a contract farming agreement. Due to the very limited farm sizes in Thailand of only about 4 ha, producing substantial amounts of seed requires a large number of farmers, creating high transaction costs. Since in such large groups some people always try to cheat, trying to sell low quality seed or mixing seed with foreign material, control mechanisms through sampling need to be set up, which is complex and costly. Other places such as Brazil, or Australia can produce at a much larger scale, with one farm being able to produce the entire amount of what a seed producer would export in a year. It is common in many Asian societies, and the same is true for Thailand, that even though IPRs may be protected by law, business approaches will be copied, and market share stolen through unfair and dishonest practices. Company staff are known to use, for example, farmer networks built by the company, to which they gained access during their work, in order to buy the commodities produced for the company at a slightly higher price from farmers and then attempting direct sales to the company’s clients. Such attempts are mostly unsuccessful in the long run, but do cause economic damage and create friction in the relationship between the company and its network. Equally the theft of know-how, for example on seed processing for a specific species, is a constant threat. Conclusion The strong uptake of Panicum maximum varieties in recent years might mean that market penetration for a new forage grass could be difficult at present. If Panicum results for most farmers in satisfying results, it is unlikely that they will make the investment to switch to another grass though there may be new varieties, unless it provides significant advantages, or new pressures require system change. Thailand as location seems a reasonably good choice in the region, providing relative stability and security, good physical infrastructure, a wide range of services, reasonable human resources, and a cultural attitude of commitment and the honoring of agreements. The legal system gives a fair degree of leverage compared to its neighbors, though the bureaucratic apparatus tends to be rather cumbersome and can present occasional obstacles. Corruption, though not uncommon in the country and according to official statistics getting worse since the change in government, is still at a level that can be dealt with. Provided that potential problems have been identified beforehand and addressed in an MoU with partners and the government, Thailand seems a safe choice. Such issues include the facilitation of germplasm imports, an agreement on the procedures for research products, their ownership and the policies related to them, as well as potential profit sharing, if applicable. This will have to be discussed especially in the light of international and national funding sources, or, more complicated, a combination of both. Assuming that the research focus will be on livelihood improvement for smallholder farmers, new grasses are less in demand, with the current materials satisfying most needs already. Good legume materials that tolerate frequent cutting and grazing, comparable to white clover in the temperate zone, however, are still needed, to overcome the clear limitations of Stylo. The ideal would be a legume that combines well with Mulato II or one of the Panicum materials, either as a supplementary feed or, in the best case, as part of a mixed pasture. However, this is for now a remote goal and more immediately, legumes just present an interesting opportunity for improved protein supply. As to potential markets, Vietnam seems the most promising market for improved forages, with its large number of farmers and a thriving cattle production sector. While there may be opportunities in Cambodia, Myanmar, and to a much lesser degree in Laos, Thailand itself also offers a maturing forage market. However, the development of this sector in SE-Asia is hard to predict given the fast-paced political, economic, and social development in the region. Since many of these improved forage-based systems are only emerging, it might be the right time to start the development of more advanced systems now, to be deployable in 10-15 years. Acknowledgement This study was commissioned by the Alliance of Bioversity International and CIAT and financed by the Kingdom of Thailand. I greatly appreciate the contributions of colleagues from The Alliance’s Tropical Forages Program – Dr. Michael Peters & Dr. Mary Atieno. Sources Interviews Ganda Nakamanee, retired. Formerly Nakhonratchasima Animal Nutrition Research and Development Center, Pakchong, Nakhonratchasima, Thailand Sukanya Kamphayae, Director, Department of Livestock Development, Khon Kaen province Professor Michael D. Hare PhD, Managing Director, Ubon Forage Seeds Co., Ltd, 602 Moo 1, Tha Bor Road, Jaeramair, Amphur Mueang, Ubon Ratchathani 34000, Thailand John Calvert, Production Manager, Isaan Seed Ltd, 55 Moo 7, Sa Yao, Sri Rattana, Srisaket, Sri Rattana 33240, Sisaket, Thailand Documents AMIS, 2014. Feed use Estimation: Data, Methodologies and Gaps -The Case of Thailand (No. 3), Research Paper. Agricultural Market Information System of the G20 (AMIS), Rome Italy. Gagné, G., Ratanasatien, C., 2016. Commentary on Thailand’s Plant Varieties Protection Act, in: Halewood, M. (Ed.), Farmers’ Crop Varieties and Farmers’ Rights. Taylor and Francis, pp. 310– 318. Leyte, J.D., Delaquis, E., Van Dung, P., Douxchamps, S., 2021. Linking Up: The Role of Institutions and Farmers in Forage Seed Exchange Networks of Southeast Asia. Human Ecology. https://doi.org/10.1007/s10745-021-00274-5 Ministry of Agriculture and Cooperatives of Thailand, 1999. Plant Varieties Protection Act B.E. 2542 (1999). Siriwat, S., 2016. Protecting New Plant Varieties Under Thai Law.ex Annex I. Thailand, Additional information as referred to above 1. Plant varieties currently registered as protected under Breeder Rights in Thailand: acacia (Acacia auriculaeformis A. durian palm oil Cunn. ex Benth) acacia (for timber) eggplant (Solanum melongena L.) papaya (Acacia auriculiformis A. Cunn. Ex Benth., A. mangium Willd., A. aulacocarpa A.Cunn. ex Benth. and A. crassicarpa A. Cunn. ex Benth) adenium eucalyptus pineapple (Ananas comosus (L.) M aglaonema gourd plumeria angled gourd (Luffa acutangula guava (Psidium) pomelo (L.) Roxb.) anthurium jade plant (Euphorbiace- ae) pumpkin (Cucurbita moschata Duchesne) banana (Musa) lettuce (Lactuca sativa L.) rambutan bitter gourd lime (Citrus aurantifolia) rice brassica (B. alboglabra) longan rubber (Hevea brasiliensis) brassica (B. chinensis) lychee sesame (Sesamum indicum L.) broad bean (Phaseolus vulgaris mango snake bean (Vigna) L.) caladium (Caladium bicolor) marian plum (Bouea) soybean cassava melon (Cucumis melo L. cv. star fruit (Averrhoa carambola) Cantaloupensis and Cucumis melo L. cv. Reticulatus) jackfruit (Artocarpus heterophyllus) chili mung bean (Vigna radiata) sugarcane corn napier grass (Pennisetum tamarind purpureum Schumach.) cotton (Gossyppium hirsutum L.) orange (Citrus reticulate) teak (Tectona grandis) crown of thorns (Euphorbiaceae) orchid (Catlleya Lindl) tomato cucumber orchid (Dendrobium) vetiver curcuma flower (Curcuma sp.) orchid (Phalaenopsis Blume) water lily custard apple (Annona) orchid (Vanda sp.) water spinach (Ipomoea aquatic) watermelon Source: (Siriwat, 2016) 2. Development of Feed Resources and Forage Crops for the Domestic Livestock in Rural Areas of Indochina project document Conceptual framework Ruzi grass (Brachiaria ruziziensis) with high crude protein and digestibility is one of the most promising forage grasses in tropical regions including the Indochinese peninsula nations. Therefore, for not only tropical beef cattle but also dairy cattle in these countries, improving the productivity of Ruzi grass is important. Furthermore, in order to make a new variety which is suitable for their countries, it is also important to create the hybrid of Ruzi grass and Brachiaria spp. and to extend adaptability. JIRCAS made tetraploid variety of Ruzi grass (referred to as Ruzi grass (x4)) by the joint research of Miyazaki University and Okinawa Prefecture. We think that this is a promising variety because of its high productivity more than original variety (diploid). Therefore, we want to release the new variety using the Ruzi grass (x4) as mother material plant. Objective of research In order to make a new variety of Ruzi grass which suited the climate of the Indochinese peninsula nations, JIRCAS will conduct the research as follows: Selection of promising lines of Ruzi grass (x4) We will carry into Thailand the F1 seeds made by crossing within the F0 population of Ruzi grass (x4). Then the promising lines with high productivity are selected from the F1 population which germinated from seeds Selection of promising lines of hybrid Brachiaria spp. We will carry into Thailand the hybrid Brachiaria sp. seeds made by crossing Ruzi grass (x4) and B. brizantha cv. Mulato I, and the hybrid Brachiaria sp. seeds made by crossing Ruzi grass (x4) and B. decumbens cv. Basilisk. Then the promising lines with traits suited climate and soil of the Indochinese peninsula nations are selected from the hybrid individuals which germinated from the seeds. Scope of research Development of Feed Resources and Forage Crops for the Domestic Livestock in the Rural Areas of Indochina Research methodology Selection of promising lines of Ruzi grass (x4) We will carry into the Thailand the F1 seeds made by crossing within the F0 population (6 plants) of Ruzi grass (x4). Each seed will be sown in each plastic pot with a number label (Photo. 1). After one month from the germination, each seedling will .be transplanted from the pot to the experimental field. Each seedling with a number label will be arranged with 1.5m intervals, then, we will support its growth with spraying water. We will conduct the evaluation test which measured characteristics, such as at flowering date, productivity, seed productivity, and a ratio of the leaf. Then we will choose the superior individuals with the highest productivity in the population (Photo. 2). These superior individuals will be isolated, the seed produced within isolated population is sown into the experimental field, and a growing test will be conducted. In the growing test, the traits of the superior individual population will be checked by comparing with other superior Brachiaria spp. and the application for variety registration of the population as superior line of Ruzi grass (x4). Simultaneously, the evaluation of nutritive value will be conducted by analysis of a protein content or digestibility. Selection of promising lines of hybrid Brachiaria spp. We will carry into the Thailand the hybrid Brachiaria sp. seeds made by crossing Ruzi grass (x4) and B. brizantha cv. Mulato I, and the hybrid Brachiaria sp. seeds made by crossing Ruzi grass (x4) and B. decumbens cv. Basilisk. Each seed will be sown to plastic pot with a number for each mother plant (about fifty plants). When each seed germinates and grows well, three superior seedlings will be selected out of the same mother’s seedling population, respectively. Then, these seedlings will be transplanted to the experimental field. We will conduct the evaluation test by the same method of 1), and chose the superior individual with traits suited climate and soil of the Indochinese peninsula nations. Hereafter, the superior individual will be evaluated by the same method as 1), and applied for variety registration as superior line of the hybrid Brachiaria sp. In addition, we will check them apomixis or not by embryo sac analysis because apomixes is important character for agriculture. Furthermore, since the convenience of DNA marker selection method is high to the judgment of apomixis, we are going to transfer the technology to Thailand. Research plan The project will cover a period of five years (2011-2016) 2011 2012 2013 2014 2015 Selection of promising ○ ○ ○ ○ ○ line of ruzigrass (x4) Selection of promising line of hybrid Brachiaria ○ ○ ○ ○ ○ spp. Improvement of reserch base for development ○ ○ of the DNA maker Evaluation of nutritive ○ ○ ○ value Needs to conduct research in Thailand Climate and soil conditions in the Thailand are very different from those in Japan which is the temperate zone. Therefore, it is necessary for this project to be carried out in the tropical zone. In addition, we want to make new cultivar of tetraploid Ruzi grass and hybrid Brachiaria which suited the climate of Thailand. Research site in Thailand Nakhonratchasima Animal Nutrition Research and Department Center (NANRDC) Department of Livestock Development (DLD), Thailand Anticipated output Creation of new promising cultivar of Ruzi grass and its hybrid Expected significance of the results • Expansion of the superior Ruzi grass pasture • Production expansion of beef and milk • Seed production expansion of the superior Ruzi grass Impact to Thailand 1) Stable supply of the high nutrition grass for improved beef cattle and daily cattle 2) Establishment of variety registration for herbage plant in Thailand 3) Introduction of the DNA maker method to Thailand II. Cambodia Forages in Cambodia Traditionally, cattle is raised on rice straw and grazing natural areas. Forages have been successfully introduced to smallholders (especially for cattle), mainly for improved animal nutrition and to reduce labor requirements. The country is currently home to about 3 million heads of cattle and buffaloes, but no data exists to estimate the current demand for forages. Over the past years the demand has been steadily increasing though, hand in hand with the use of improved animal breeds increasing too, and more and more farmers grow forages for their own livestock, particularly in Takeo, Kampong Cham and Kandal provinces. Seed production in Cambodia Most seed companies in the country are smaller local companies who produce or import seed. The main seed production is for rice, vegetables, maize, soybean, and mung bean. Export of seed is rare. SmartAgro Sustainable Innovations Company Limited, a local company, is engaging in forages. The company was registered in January 2018 to commercialize cover crops and is the first to do so in Cambodia. From 2018 to mid-2019, the Mekong Inclusive Growth and Innovation Program (MIGIP) led by Swisscontact, supported SmartAgro to scale-up cover crop seed production and to test its products on the market. From 2019 onward, SmartAgro’s production kept increasing year by year from 5 tons to 20 tons in 2020 to nearly 80 tons in 2022. The company has imported small quantities of seed of 15 forage species to start their production as part of MIGIP without certification but is currently in the process of trying to get certification for their production output. The 15 species include: Brachiaria ruziziensis, B. decumbens, B. brizantha, B. humidicola, B. mulato, B. mutica, Panicum maximum, Tripsacum spec. and Pennisetum purpureum. So far, SmartAgro has produced about 30 tonnes of 12 varieties of cover crop seed, enough to cover 1,500 ha of farmland area. SmartAgro 209 Sisowathquay, E2 12205 Phnom Penh, Cambodia Contact: Marc Eberle, Executive Director Email: marceberle@smart-agro.net Website: https://smart-agro.net/ East-West Seed Company Limited (Cambodia) is one of the few international companies. They mainly import vegetable seeds and distribute them through local partners. East-West Seed (Cambodia) Company Limited 43 Street 06, Phnom Penh, Cambodia Telephone: +855 88 767 0124 Website: http://www.eastwestseed.com There is some crop seed production by smallholders, especially for open pollinated varieties of peanut, soybean, yard-long bean and cassava but not many farmers produce seeds for sale. Many receive support from local NGOs and INGOs such as SNV as well as UN agencies. There are official seed certification schemes for all kinds of crops in Cambodia, which are all issued by the Ministry of Agriculture Forestry and Fisheries (MAFF). These schemes certify variety identity and purity of agricultural seed moving from or into Cambodia and are generally not very expensive. Whereas certification of food legumes is possible, there is currently no certification scheme for forages (grasses or legumes) in place. Though some forages have been introduced to Cambodia, these entered without certification as part of projects and include Panicum maximum cv. Simuang, Brachiaria hybrid cv. Mulato II, Brachiaria brizantha cv. Marandu and Paspalum atratum cv. Terenos, as well as Stylosanthes guianensis cv. Stylo184. Same as for import procedures, to get certified, one has to apply with the Department of Crop Seed after getting the Phytosanitary certification from the Crop Protection, Sanitary and Phytosanitary Department. Cambodia has a Quality Declared Seed System (QDSS)1, which FAO supports for seed production and quality control for cassava, maize, mung bean, and soybean. Institutional setup for research centers The Cambodian Agricultural Research and Development Institute (CARDI) is mandated to conduct agricultural research in Cambodia. It runs provincial research stations and works with the provincial department of agriculture, forestry and fishery. The government funding into the center aims mainly at supporting rice, corn, some field crops, and some industrial crops but not forage crops. CARDI engages with the private seed sector by providing technical know-how. The General Directorate of Agriculture (GDA) is a second institution in Cambodia responsible for agricultural research and development. The GDA has 10 departments, which conduct research and /or development activities related to agriculture, forestry and fishery across the country. The Department of Crop Seed engages with the private seed sector for seed registration, seed certification, and seed inspection. The Plant Protection, Sanitary and Phytosanitary Department also engages with the private seed sector for phytosanitary certification. A gene bank of cover crops holding about 45 species and more than 200 cultivars is managed by GDA/DALRM and located at the Bos Khnor CA research station with the main objectives to provide high quality genetic materials to farmer communities and the private sector. Import and IPR procedures While CARDI for example has breeding programs on banana and cassava for which it has imported seeds for research purposes, they have no experience with forages. The Law on Seed Management and Plant Breeder’s Right which was adopted by the National Assembly on April 8th of 2008 covers all plant seeds and vegetative planting materials. Whilst the purpose of the law is to manage and control the plant breeding, release for use, production, processing, registration, distribution, import and export of seeds, and to protect new plant varieties in Cambodia, it is not fully implemented. Seed importers have to get a phytosanitary certificate from the Crop Protection, Sanitary and Phytosanitary Department and need to register with the Department of Crop Seed and get the material inspected before being allowed to import seed. 1 Seed in a quality control system, introduced by FAO, whereby 10% of the seed fields and lots are checked by an autonomous quality control agency and the remainder by the seed production organization. Imports can be processed as batch, so that even if large numbers of varieties are imported at once the importer only needs to apply for one import permit. For research purposes, one permit will only grant an import volume of 100 kg of seed or planting material without additional fees, while larger quantities will be considered as for business purposes and incur fees. The import process takes 1-2 months depending on each case, whilst the export process is much faster. Intellectual property rights are granted by the Ministry of Industry, Mines and Energy (MIME) for the protection of new plant varieties. MAFF, however, manages and controls new plant varieties as well as seeds. So far only two crop varieties have been registered in the country: Fragrant Rice (Sen Kra Ob 01) and Hybrid Maize (CHM 01). The process to secure intellectual property rights has been described as easy, also for international organizations. However, Cambodia is still not a member of the International Union for the Protection of New Varieties of Plants (UPOV), and therefore granted breeder’s rights are legally recognized only in Cambodia. The Cambodian government, though, recognizes rights from neighboring countries as well as other ASEAN countries. On a wider social level, the idea of Intellectual Property Rights is rather new to Cambodians, even though they formally existed since the 1960-1970 in Cambodia which joined in 1995 the World Intellectual Property Organization (WIPO). IPR infringement can be easily controlled in Cambodia. Law and Regulations The Law on Seed Management and Plant Breeder's Rights from 2009 sets the regulatory framework for plant breeding and selection criteria in Cambodia, if those are intended to be leading to variety registration and intellectual property rights. Article 6 states: To be eligible for protection, new varieties of plants shall satisfy the following criteria: • Novelty • Distinctness • Uniformity • Stability Varieties are considered to be new as long as they have not been sold or circulated in the market. However, with the agreement of the breeder, new varieties may be sold or circulated in the market in the Kingdom of Cambodia, for a period not exceeding one year, or for varieties which come from outside the Kingdom of Cambodia, a period of six years for vines and trees, and a period of four years for all other crops, in all cases starting from the day of applying for the right of protection (Article 7). Varieties are considered to be distinct if they are clearly distinguishable from any other varieties which are generally known and recognized on the date of applying for the right or the priority right (Article 8). A natural person or legal person who has bred or discovered and developed a new variety and has the intention to protect the intellectual property of that variety shall file an application in the MIME. All documents of application shall be submitted to the MAFF to evaluate the technical outcomes in compliance with the provision of this law. The certificate of plant breeder's right shall be granted by the MIME following the result of the technical evaluation by the MAFF (Article 11). The MIME has the following roles in respect of the protection of new varieties of plants (Article 12): 1. Granting the certificate of protection of a new variety 2. Transferring ownership 3. Declaring nullity or cancellation 4. Accepting forms for registering, changing, or canceling a variety denomination 5. Issuing licenses 6. Registering contract licenses. An applicant for the protection of a new plant variety shall: a. be a Khmer citizen or a foreign citizen who has resident status in the Kingdom of Cambodia, or b. has a permanent residence in signatory state of the Convention of the International Union for the Protection of New Varieties of Plants or in any state which has a memorandum of understanding with the Kingdom of Cambodia regarding plant variety protection (Article 13). The owner of a new plant variety shall have the right to sell or transfer its ownership. Selling or transfer made to a natural person or legal person shall be made in writing and signed by the party concerned and recorded at the MIME and also giving notice to the MAFF (Article 14). Acts in respect of propagating material of a protected variety for the production or multiplication, conditioning for the purpose of propagation, offering for sale, selling or other marketing, exporting, importing and stocking for any the purposes shall require the authorization of the breeder. The breeder may make this authorization subject to conditions and limitations. Making a business as stipulated in paragraph 1 of this article, or using harvested products arising from the unauthorized use of a protected variety, shall require the authorization of the breeder. The owner has proper opportunities to exercise his rights. If the owner knows of the unauthorized use or business in the harvested products of a protected variety but did not exercise his right, then he will lose the file a complaint to the court. The plant breeder's right also covers the varieties listed below: • Varieties which are essentially-derived from a protected variety, where the protected variety is not itself an essentially-derived variety • Varieties which are not clearly distinguishable from a protected variety • Varieties whose production requires the repeated use of a protected variety (Article 15). The Breeder's Right shall not extend to: 1. Acts done for experimental purposes 2. Acts done privately and for non-commercial purposes 3. Acts done for the purpose of breeding other varieties, except where paragraph 4 of article 15 of this law applies. Based on the legal protection of interest and limitation of the owner's right of the new plant variety, the MIME shall cooperate with the MAFF to issue regulations that limit the rights of owners of protected varieties in order to permit farmers to use those varieties for propagating purposes, on their own holding (Article 16). As stated in paragraph 4 of article 15, the owner of a protected variety shall lose the right of protection, if the owner or person authorized by the breeder sells or circulates them in the market in the Kingdom of Cambodia. The right shall not be lost if the protected variety is used for further propagation or for an export of materials of the variety, which enables the propagation of the variety in a country which does not protect varieties of the plant genus or species to which the variety belongs, unless the exported materials is exclusively for final consumption purposes (Article 17). While using the right, the owner of a protected variety has a responsibility to provide seed samples which can be grown and which show the characteristics as stated in the application form for the grant of protection as required by the competent authority In order to retain protection of the variety, the owner is also obliged to give information on the protected variety and make it easy for the competent authority to inspect material of the variety (Article 18). The validity of the breeder's right is twenty years from the date of the grant of breeder's right or twenty- five years for trees and vines (Article 19). Sources Interviews Mr. Mak Chanratana, Deputy Director, Department of Crop Seed (DCS), General Directorate of Agriculture (GDA), MAFF, Cambodia. Phone: +855 12 767 312, Email: mak_chanratana@yahoo.com Mr. Orn Chhourn, Deputy Head of Plant Breeding Division, Cambodian Agricultural Research and Development Institute MAFF, Cambodia. Phone: +855 78 222 114, Email: chhourn_orn@yahoo.com III. Laos Forages in Laos Demand for forage seed in Laos persists, particularly in the north, though figures are not available. Farmers get exposed to forages mostly though government agencies or projects and then may contact seed traders directly. Most of the forage seed market is informal and self-organizing, with few traders using Facebook pages to allow seed orders online via chat. The provision of detailed information on forage characteristics and use is very limited and generally no specific advice is provided or available. Farmer choice is almost exclusively determined by price, with Ruzi being the by far cheapest option since seed is being produced in-country and sold by many people in the northern provinces. In recent years the forage seed landscape in Laos has narrowed further due to a number of factors, all related to a strong reduction in seed imports. The first is a significant drop in demand due to COVID-19 and its economic implications. One major importer of forage seeds now only sells about 2-3 tons of forage seed per year in total, whereas pre-COVID, Ruzi was the top selling grass, with about 5-6 tons per year, followed by 1-2 tons of Stylo. All other materials had little to no demand, except for Pennisetum, which is not propagated by seed. Furthermore, with the strong decline of purchasing power of the LAK over the past 12 months, buying seed from Thailand is not an option for most smallholders anymore. Thus, smallholder forage seed demand is now even more than before fed locally, almost exclusively with Ruzi. A change to this situation is not expected to happen within the next 10 years at least, since local production systems cannot compete with neighboring countries. While Stylo is requested also by smallholders directly, it is not clear for which exact purpose they buy it. Since goat meat is popular in Laos and the confinement of goats to prevent crop damage is increasingly demanded, Stylo might find use as goat feed for fully confined goat production systems. The demand for Stylo by projects, however, is often so high that supply cannot keep up with it. In the past, large projects such as impact mitigation components of hydropower projects, but also major development agencies such as CARE International bought large quantities of forage seeds, but this is not the case anymore. This posed problems for seed traders, since farmers often waited for projects to come and provide seed, rather than undertaking the investment themselves. The opening of the Laos-China railway has led to the establishment of commercial cattle farms in several northern provinces, especially Bokeo and Luangnamtha, aiming at the Chinese market. One of these farms is 1000ha large and hosts a 500-cattle grazing system, with planned extension. However, no detailed information on these developments could be obtained. Seed production in Laos Many private individuals are buying and selling seed in Laos at the moment, but no international company is working in this sector, nor are there official government engagements yet. The activity is mainly driven by the prohibitive exchange rate with other currencies, the LAK having lost about 50% of its value over the past 12 months, putting other seed sources effectively out of reach for smallholders. Local seed producers are mostly farmers, government officials from the livestock sector, or traders, any of whom now harvest seed of forage crops they have already established and that are easy to process. This puts Ruzi at the forefront of local seed production, mainly in Luang Prabang, Xiengkhouang and Huaphan, with about 500 tons of Ruzi seed being produced annually. This limits farmer choices mainly to this species and Pennisetum cuttings which are popular too. Mulato 2 seed is produced in Oudomxai, mainly for export to Thailand, where it can be processed. The vegetative proliferation of other materials does not seem to play a major role. Forage material testing is currently funded in Laos through Chinese and Australian projects, testing a range of materials; legumes such as Stylo, Arachis, Centrosema etc., and forage grasses such as Nile grass, Pangola grass, Star grass etc., but also Brachiaria, Pennisetum, Paspalum and Panicum materials. These trials are ultimately aiming at developing forage production systems for feed export to China (i.e., hay bales, bricks, or pellets), developing seed production systems, and finding new forage options for local smallholders. Seed certification No official seed certification is available or generally requested by buyers. Seed testing is possible and test results will be provided on request, but they cannot be seen as equivalent to official certification schemes, providing no guarantees to buyers. Institutional setup for research centers Since CIAT is already established in the country, operation would be formally simple. However, not having land at its own disposal, CIAT would require MoUs with national research centers to use their facilities and conduct selection in collaboration with them. Import and IPR procedures Import of seed into the country by traders is mainly done informally, requiring no procedures such as phytosanitary certification or the likes. While official procedures for the importation of seeds in general do exist, they are not observed in daily cross-border trade. Registration of materials can be done through the Department of Livestock and Fisheries (DLF) and has been granted for local forage materials three years ago, namely Ruzi c.v. Namsuang, Guinea c.v. Namsuang and Stylo c.v. Namsuang. The process is not difficult, involving a request to be sent to DLF, the presentation of research findings and a justification, after which, if found adequate, registration will be granted. It is, however, questionable in how far this registration is recognized beyond the country borders. Sources Interviews Dr Phonepaseuth Phengsavanh, Deputy Director, Livestock Research Center, NAFRI, Ministry of Agriculture, Vientiane Capital, Lao PDR. Dr. Ammaly Phengvilaysouk, Deputy Director, Livestock Research Center, NAFRI, Ministry of Agriculture, Vientiane Capital, Lao PDR. Phanida Phimmachanh, forage seed importer, Vientiane, Lao PDR. IV. Vietnam Livestock and Forages in Vietnam The story of forage adoption in Vietnam is tied more closely to the development of the livestock sector than in most other countries in the region. Improved forages were introduced to Vietnam several decades ago, with the earliest projects related to CIAT going back to at least the early 1990s. Until recently, livestock production in the country was almost exclusively smallholder based, and mostly a typical asset-based farm element, rather than a commodity focused production approach. Animals were kept as living bank accounts in free-grazing systems, without major inputs on animal health or care, leading to slow growth rates, seasonal weight and herd size fluctuations, and stagnant productivity. Local Yellow Cattle made up the overwhelming majority of the cattle herd in the country, due to their robustness and adaptation to local conditions. The adoption of improved forages in these systems seemed a ludicrous proposition to smallholders, who argued with project implementers that they did not need to waste time on planting grass, it was growing naturally all around them, and feeding animals higher quality feed would still not prevent disease and death, which was the biggest factor of loss to farmers. With project interventions, adoption of forage grasses and animal production systems based on a commodity approach was seen locally, but the management of such systems was still far below their potential. A market environment marked by belief-led consumer preferences such as beef from local breeds being tastier, frozen meat being tasteless and unhealthy etc., prevented more fundamental system change. In the early 2010s large companies started to invest in cattle production in Vietnam. Now, Vinamilk, Campina, TH milk, and Ba Vi milk are the large names in the dairy sector, which is entirely industrialized. While Vinamilk adopted a complete package approach, all other companies chose a cooperative business model in which farmers contribute feed (mainly Napier and maize) based on oral agreements, rather than true contract farming. This model is especially developed in the Mekong delta. Some of the companies investing in beef rather than dairy are importing large numbers of live beef cattle for fattening. These companies require big amounts of forages, but also complement with agricultural by-products such as rice straw. This demand for good quality feed has led many farmers within reach of production sites to grow forages for direct sale, with some of them specializing on forage production for large livestock producers. Forage sells for 1400-2000 VND per kg of fresh matter, depending on location. The smallholder beef sector started changing dramatically in 2016, when the deterioration of pork prices drove many farmers away from pig production and to venture into cattle production. This led to an intensification in 2017 that got turbocharged when ASF hit Vietnam in 2020, and a large number of farmers who had remained in pig production changed to beef cattle. In parallel, a new generation of affluent urban consumers making up a significant market share, made higher quality, safe beef in supermarkets (rather than wet markets) a demanded commodity, opening the door to more productive cattle breeds. From being virtually absent 15 years ago, now 60-90% of all cattle are crossbreeds in the majority of regions, with higher body weight and growth rates. This change demands high quality feed sources, which has been leading to a fundamental change in smallholder production, livestock management and land use allocation to produce forages. No accurate data on actual forage areas exist though, since forage production does not figure as a separate item in national statistics and is recorded under “other land uses”. Recent estimates put the average forage area in Vietnam at 0.28 ha (Leyte et al., 2021), but farmer numbers are significant, ranging in the several thousands per district, though large differences exist between provinces (Huyen et al., 2022). In the Northern Coast provinces, concentrated production areas and large commercial farms have been established. Supplying to these operations, almost 8,000 ha of forages are grown in Thanh Hóa and more than 2,500 ha in Quang Binh provinces (Huyen, 2019). Local yellow cattle still dominate mountainous areas where natural grazing land is available, while crossbred cattle are now dominant in the lowlands and hilly uplands, areas where forage cultivation is more widespread. Cattle management changes from grazing, to semi-grazing and pen feeding. Inefficient rice land is converted to alternative crops such as maize or forages, assisting with the intensification of beef cattle production. In the Central Highlands, beef cattle production has been traditionally of importance. Local yellow cattle is the dominant breed, but the number of crossbred cattle is increasing and so do forage areas, though production is still moderate: 1140 ha in Dak Lak, 780 ha in Gia Lai, 350 ha in Dak Nong, and 1210 ha in La Dong. Detailed cattle statistics are provided in Table 4 (Huyen et al., 2022). While these data are not extensive, together with the change in herd composition they suggest massive expansion of dedicated forage production areas. Table 4: Current status of forage development (Based on DARD livestock population data, Oct. 2018 and a review by Huyen (2019) in Huyen et al., 2022.) Agro-ecological Large ruminants (heads) Provinces with regions Percent crossbred Highest population Dairy Beef Substantial forage Buffalo cattle cattle beef cattle of beef cattle and development buffalo Red river delta 121,242 32,026 467,886 87 Hà Nội, Vĩnh Phúc Hà Nam, Ninh Bình, Thái Bình, Hưng Yên Northern 1,367,045 28,685 994,019 26 Sơn La, Hà Giang Sơn La, Điện Biên mountains Northern central 784,679 75,628 2,290,251 62 Nghệ An, Thanh Thanh Hóa, Quảng coast and southern Hóa, Bình Định, Bình, Quảng Trị, Bình central coast Quảng Ngãi Định Central highlands 87,278 23,891 747,187 37 Gia Lai, Đắk Lắk Đắk Lắk, Gia Lai South East 38,696 98,173 296,734 83 Tây Ninh, Đồng Nai Tây Ninh Mekong river delta 26,165 35,979 712,448 95 Bến Tre, Trà Vinh Bến Tre Total 2,425,105 294,382 5,508,525 62 While dairy farming is concentrated in Lam Dong province and Moc Chau district (Son La province), beef production is concentrated in the Northern Central Coast and Southern Central Coast (40% of the total cattle population), and accounts in the Northern Mountains for 17%, the Central Highlands, Mekong River Delta, and Red River Delta together for 11- 13%; and in the South East for only about 7% of total production. The main forage materials used are In addition to Pennisetum hybrid ‘VA06’, Pennisetum purpureum ‘Napier’, Panicum maximum ‘Simuang’ and ‘Mombasa’, forage maize, which is grown widely for commercial dairy and beef farms. Some commercial farms also use forages such as ‘Mulato II’ and forages mixtures for grazing. The susceptibility of Pennisetum species to prolonged drought poses problems for farmers during the dry season, and in addition many have also started to pay more attention to forage quality rather than only quantity. The dry season feed gap has spurned the adoption of silage from forages and feed maize. Currently, about 20% of beef producers in the country make silage, using small choppers and manual compression in 500 kg silage bags. Some farmers are also starting to experiment with other by-products, such as cassava leaf silage. This has led to less pronounced seasonal fluctuation in herd sizes over the past 5 years, since farmers manage their feed resources more actively and therefore can maintain a more continuous production level. Also, due to traditional beef dishes during the Tet holiday in February, the demand and price of beef increases, incentivizing farmers to keep production going despite the dry season. The adoption of other grass varieties might currently be on-going, but no data exists. Legumes are not used, except where they were introduced in pilots. Even though many projects tried to introduce them they never found much uptake. It can be expected that their adoption may become of interest when production systems evolve further. Poor seed supply systems seem to have severely restricted the expansion of forage species that were adopted locally, but some supply chains have developed over the past 10 years (Yadav, 2022). Since COVID prevented export of beef to China over the past years, the pace of the beef value chain development slowed somewhat, shifting to serve domestic demand. This has become possible, due to the change in consumer preferences, which leads to higher beef consumption relative to pork, compared to 10 years ago. The beef sector is predicted to still grow at least 2-3% per annum for the next 10 years. Overall, the farmers’ attitude toward cattle production has changed profoundly, who now see cattle as a production value which they try to protect and take care of. Goats are still seen are specialty meat, only consumed in restaurants or on special holidays. Their herd size has been stable and no particular market opportunities seem to exist, including little export. In some parts of the country, where salinity increases, goats are promoted as a climate change adaptation strategy to move away from beef, but the market does not have the absorption capacity to expand this on a larger scale. Similarly, buffaloes are consumed as dry meat specialty (jerky), which has recently led to a slight increase in numbers again after the majority of the national herd collapsed due to the shift from draft animals to mechanized solutions. However, little expansion opportunities exist for this value chain. Seed production in Vietnam Seed production by farmers does, unlike in Thailand and Laos, currently not happen in Vietnam. Farmers do here and there harvest seed to share it with others, but no organized seed value chain exists, and no equivalent to Ubon Seed in Thailand operates in the country. There is some contracted production by companies but mostly, private sector businesses of all sizes are importing and distributing forage seed without processing or quality control. Between 2019 and 2021, Vietnam imported about 2- 3 million USD worth of grass seeds per year. Major importers are listed in Table 5. Table 5: Major forage seed importers in Vietnam Company Address Kind of seed Farmseeds Trade Manufacturing 112A Linh Dong Street, Linh Dong Ward, Thu Ruzi Co., Ltd Duc City, Ho Chi Minh City Paspalum (+84) 2862 86 87 89 Alfalfa (+84) 775 3456 99 Stylo (+84) 765 3456 99 Lai sudan Mombasa Guinea Mulato II Bemuda Beef Import Export and 17A Lane 38 Quang Trung Street, La Khe, Ha Ruzi International Trade Co., Ltd Dong, Hanoi Paspalum (+84) 966 732787 Alfalfa Stylo Lai sudan Mombasa Guinea Mulato II Oat Company Address Kind of seed Nam Thai Investment and PL01-17 Urban Area Vinhome Riverside the Ubon Stylo Development Co., Ltd Harmony Nguyen Lan, Long Bien, Hanoi Mombasa Guinea (+84) 2439 877 306 Mulato II https://www.namthai.vn/ Oat Ubon Paspalum Mun River Ruzi Vietnam Forage Seeds Co., Ltd Zone 3, Vinh Loc Town, Vinh Loc, Thanh Hoa. Ruzi (+84) 98.231.2926 Paspalum https://hatgiongco.vn/pages/lien-he Alfalfa Stylo Lai Sudan Mombasa Guinea Mulato II Bermuda Tien Dat Seed Co., Ltd National Highway 1A Thuan Bac district center, Ruzi Ninh Thuan. Paspalum (+84) 093889709 Alfalfa Stylo Sorghum Sudan Mombasa Guinea Mulato II Tropical Seeds Co., Ltd No. M2-7, Uni Town Commercial Quarter, Hoa Ruzi Phu, Thu Dau 1, Binh Duong Paspalum Alfalfa Stylo Mombasa Guinea Mulato II TH Technology Co., Ltd Km 3, road 30/4, Cay Dieu hamlet, Bau Ham Ruzi commune, Trang bom district, Dong Nai Paspalum province. Alfalfa (+84) 985 640 999 Stylo Mombasa Guinea Mulato II Leucaena Sorghum Sudan Jumbo Viet Seed Co., Ltd Trau Quy town, Gia Lam, Hanoi. (+84) 2435 Oat 501917 Bermuda https://www.hatgiongvietseed.com.vn/ Paspalum Alfalfa Stylo Mombasa Guinea Mulato II Ruzi Sorghum Sudan Jumbo Since no major seed production is done in-country, also no export of seed exists as of now. There are 2 or 3 companies who produce grass seeds and sorghum, and many companies produce maize seeds, but none produces forage seed. WASI did a little bit of forage seed production in the Central Highlands, and NIAS does some feed research, but all in relatively insignificant numbers. Seed certification In general, seed quality must follow basic standards according to the law on standards and regulations. Organizations and individuals self-certify in accordance with these standards and can be held responsible for their actions. However. No official quality control or enforcement mechanism is applied. Some private companies issue official quality certificates in accordance with the law for their own products. These issuers need to follow certification standards and procedures, and certification criteria need to be transparent. However, such certification is normally only done within a business and certification is not provided as a service. Institutional setup for research centers There are no engagements between government authorities and the private seed sector. Import and IPR procedures For common materials that are already in official circulation, seed can be imported like crops, following the same customs and phyto-sanitary procedures. For these materials a valid PRA will be available. Materials which are new and for which no PRA has been completed yet, such a procedure needs to be undertaken first and material is put under quarantine meanwhile. New materials that are only imported for research and testing, additional import permits and usage reports are required. This applies if the material to be imported is not on the list of agricultural plant varieties permitted to be produced and traded in Vietnam issued by the Ministry of Agriculture and Rural Development, or if the importing agency is not licensed by the Department of Crop Production to work with the respective material. The application for such an import license has to be submitted to the Department of Crop Production, usually takes 10-30 days if the documentation is in order, and the procedure is not difficult and follows a clear process including sample documents. The importation of seeds is handled in batches, making the procedure easier for the importation of larger numbers of materials for testing purposes. Before import, it is required to register for plant quarantine online on the Vietnam National single window, https://vnsw.gov.vn. You will have to submit a phytosanitary certificate from the exporting country, a plant quarantine license, and a registration certificate. Then a plant quarantine sample will be taken at the import border gate. If the results are favorable, procedural and customs fees will have to be settled. Those include the customs service fee, the fee for applying for an import plant quarantine license, phytosanitary fees, storage costs (if incurred) and eventual other costs. The validity period of a plant variety import license is 12 months from the date of issuance. Plant variety testing must be carried out by a plant variety testing organization carrying out 3 tests: 1. Experiments to confirm variety (growth, yield, quality, tolerance to external conditions) 2. Technical test experiments 3. Advertising production experiments Finally, the administrative procedures for granting a decision on recognition of circulation of plant the variety follow. Regarding IPRs, the securing of ownership for new materials in Vietnam is currently easy and reliable, but limited to commercial rights. The process is clear and public but not easy to follow, requiring a lot of preparation and taking a minimum of 2 years, based on the UPOV approach. Nevertheless, very large numbers of materials have been granted protection certificates for large numbers of plant species. The rights protection follows international conventions to which Vietnam is a signatory and thus applies beyond the borders of the country. IPRs are well respected in the seed sector, and in the rare cases in which violations occur they are normally low-level. The biggest problem is to identify violations, which is made especially difficult due to the ease with which pirated products can be sold online. Once identified, perpetrators are normally quickly persecuted. Regulations on IP rights for plants are reflected in the 2005 Intellectual Property Law revised 2009 and 2019. According to this, a plant variety is a population of plants belonging to the lowest level of plant subspecies that is morphologically homogenous, stable over propagation cycles, and individually identifiable by the expression of traits due to genotype or genetic variation. According to Clause 5, Article 4 of the 2019 IP Law, intellectual property rights to plant varieties apply to organizations or individuals to plants they choose to breed or develop or ownership rights through transfer contracts. IPRs to plant varieties are established on the basis of decisions on grant of plant variety protection certificates by competent state agencies according to prescribed registration procedures. Conditions for protection of intellectual property rights for plant varieties A plant variety to be protected by IP rights must satisfy the conditions of novelty, distinctiveness, stability, and appropriate name. Specifically, in Article 158 and Article 163 of the 2019 Intellectual Property Law, accordingly, the IP conditions for plant varieties are: • Protected plant variety means a variety that has been selected, created or developed on the list of plants protected by the State promulgated by the Ministry of Agriculture and Rural Development. • Novelty: If the propagating material or the harvested product of the plant variety has not been sold or distributed by the right holder or its licensee by other means for the purpose of exploiting the variety in the territory of Vietnam one year before the date of application for registration, or outside the territory of Vietnam 6 months before the date of application for registration of woody and vine species, and four years for other plants. • Distinctiveness: If it is clearly distinguishable from other plant varieties that are widely known at the time of application, or on the first date if the application enjoys priority. A plant variety is widely known when it is one of the following: a plant variety whose propagating or harvesting material is widely used on the market in any country at the time of filing the application for protection; or plant varieties that have been protected or included in the List of plant varieties in any country; or the plant variety is the subject of an application for protection or an application to the List of plant varieties in any country, provided these applications are not refused. • Homogeneity: if there is the same expression of the related traits except for deviations within the allowable range for some specific traits in the breeding process. • Stability: If the relevant traits of the cultivar remain in the original description, unchanged after the propagation medium or after each propagation cycle in the case of cycle propagation. • Relevancy: The name of the plant variety is also very important when considering the conditions of IPR protection for the plant variety. The registrant must propose a suitable name for the plant variety to the state management agency in charge of the rights to the plant variety, which must be the same as the name already registered for protection in any of the contracting countries. • The name of a plant variety is considered appropriate if it is capable of easily distinguishing the names of other widely known cultivars of the same or similar species. • The name of the plant variety is not considered appropriate in the following cases: Only include numbers, except where the number relates to the characteristic or formation of the variety; violate social ethics; It is easy to cause misunderstanding about the characteristics and characteristics of that variety; easily misleading the author's identity; identical or confusingly similar to a protected trademark or trade name before the date of publication of a plant variety protection registration application; Affects the prior rights of other organizations and individuals. • When the name of a plant variety is combined with a trademark, trade name or indication similar to the name of a plant variety that has been registered for sale or put on the market, the name must still be able to identify a particular variety in an easy way. Term of IPR protection for cultivars Pursuant to Article 169 of the 2019 Intellectual Property Law stipulates: • The plant variety protection certificate is valid throughout the territory of Vietnam. • Plant variety protection certificates are valid from the date of grant to the end of 20 years for woody plants and vine trees; up to the end of 12 years for other crops. • Plant variety protection certificates may be suspended or canceled in accordance with the provisions of Articles 170 and 171 of this Law. Thus, the IPR protection certification for plant varieties is protected throughout the territory of Vietnam. The effective date is from the date of grant to the end of 25 years (for woody plants, grapes) and 20 years for other plants. However, in some cases, this protection license may be suspended or invalidated in the following cases: • The protected plant variety no longer meets the conditions of uniformity and stability as at the time of grant of the license. • The owner of the protection certificate does not pay the fee to maintain the validity as prescribed. • The protection certificate holder fails to provide necessary documents and propagation materials to maintain and store the plant variety according to regulations. • The protection certificate holder does not change the name of the plant variety at the request of the state management agency in charge of the rights to the plant variety. A plant variety protection certificate is invalidated in the following cases: • The application for registration of plant variety protection is in the name of a person who does not have the right to registration, unless the right to a plant variety is transferred to the person having the right to registration. • The protected plant variety does not meet the requirements for novelty or distinctiveness at the time of granting the plant variety protection certificate. • The plant variety does not meet the conditions of uniformity or stability in the case where a plant variety protection certificate is granted based on the results of technical testing conducted by the registrant. How to register intellectual property rights for plant varieties? In order to have their rights to plant varieties protected, organizations and individuals must submit a protection registration application to the state management agency in charge of plant variety rights. Organizations and individuals that have the right to register for plant variety protection include: • The author directly chooses to create or discover and develop plant varieties with his own efforts and expenses. • Organizations and individuals that invest in the breeder's selection to create or discover and develop plant varieties in the form of job assignment or hiring, unless otherwise agreed. • Organizations and individuals may transfer, inherit or inherit the right to register for plant variety protection. • A plant variety that is selected, created or discovered and developed through the use of the state budget or from a state-managed project, the right to such plant variety belongs to the state. The Government shall specify the registration of rights to specified plant varieties. Sources Interviews Assoc. Prof. Dr. Le Thi Thanh Huyen, Senior Researcher in Farming Systems, Livestock Systems and Environment Research Department, National Institute of Animal Science, Thuy Phuong, North Tu Liem, Hanoi- Vietnam Dr. Hoang Thi Giang, Deputy Director, National Key Lab for Cell Biotechnology, Agriculture Genetics Institute, Hanoi, Vietnam Documents Leyte, J.D., Delaquis, E., Van Dung, P., Douxchamps, S., 2021. Linking Up: The Role of Institutions and Farmers in Forage Seed Exchange Networks of Southeast Asia. Human Ecology. https://doi.org/10.1007/s10745-021-00274-5 Huyen, L.T.T., 2019. List of forage introduction in the provinces of Vietnam. Huyen, L.T.T., Phengsavanh, P., Sophal, L., Stur, W., 2022. Status of forage development in Cambodia, Lao PDR, and Vietnam (Working Paper Number 1 No. FR2021- 079), ACIAR Small research and development activity. ACIAR, Canberra, Australia. Yadav, L.P., 2022. Forages - taking stock and identifying research needs (Final Report No. FR2021- 079), ACIAR Small research and development activity. ACIAR, Canberra, Australia.