The Government of Thailand decided recently to introduce a legal system for the protection of plant variety right (PVR) in order to meet its commitment under the TRIPs agreement (part of the WTO agreement) to protect new varieties of plants. Having taken this significant decision - although in reality the decision was probably little more than a formality because of the TRIPs commitment - the government must assess the likely impact of PVR on public and private interests in Thailand and, in the light of that assessment, construct a PVR system suited to the country's particular needs (so far as these can be envisaged). The likely impact of the government's decision and the choice to be made constitute the backbone of this thesis as well as its prime focus. A PVR system is intended primarily to promote invention and innovation in the field of plant breeding. Whether the availability of PVR in Thailand will achieve those objectives cannot be said at this point. Studies carried out in countries with mature PVR systems claim, despite the lack of any solid evidence on which to found the claims, that PVR systems have certain positive or beneficial effects, for example more varieties giving higher yields and better adapted to growing conditions. On the other hand, some commentators believe that these benefits result from other factors, in particular technological advances (for example, improvements in cultivation and management of commercial crops). This thesis concludes that the availability or grant of PVR in Thailand will not have any radical impact on public and private interests there. At present, plant breeding and seed production are carried out by public and private sectors. Available data on seed production and consumption indicate the need for more investment in plant breeding and seed production, particularly in the private sector. A PVR system is unlikely to encourage breeders or producers to invest more because the availability of PVR is not a vital determinant in investment decisions. Fortunately. as far as can be seen at present, a PVR system is unlikely to have negative effects, e. g. seed price rises, obstacles to technological development or environmental dangers. In considering the most appropriate system, the major factors to be assessed are economic impact, existing political commitment, and practicality. The government should adopt the system established by the 1978 UPOV Convention, in preference to the 1991 Convention, because the earlier Convention is the more appropriate for Thailand's developmental needs.

台灣在蘭花產業上扮演關鍵地位，近年來受到許多已開發國家消費者喜好，再加上蘭花高經濟價值特性，使得近年來許多國家業者紛紛投入生產，影響台灣業者原有的市場，更加上台灣蘭花業者以往對於智慧財產的不重視，許多優良品種缺乏專利或品種權保護，而紛紛遭受國外竊取流失，對於智慧財產權的管理及應用，也缺乏一套完整的方法論，來體現智慧財產的價值。本研究企圖以周延鵬老師所提出之「智慧資源規劃」方法論，並針對主要蘭花市場國家，包括美國、歐盟、日本、台灣，分別以產業結構（產業面）、各國植物品種保護制度（法規面）和業者實地訪談（市場面）所遭遇之現況及面臨之問題進行分析。針對三構面的分析結果，本研究提出「蘭花產業智慧資源規劃模型」，以蘭花產業結構、智慧財產群集與組合、企業營運機能作為整體模型之基礎，並以該基礎架構進行蘭花產業商業模式設計，以產業整合、品種權佈局、產品組合和智慧財產之交易與行銷進行設計，最後再以資訊網路平台將各段之資訊進行分析及流通，配合組織營運規劃，使公司能藉由本論文所提出之智慧資源規劃模型，加強於全球之競爭力。 / Taiwan acted as a crucial role in the worldwide orchid industry these years. Orchids become more popular in many countries and the high economic value attracts lots of the companies to involve in. The ignorance and depreciation of intellectual property in the past cause that many unprotected plant varieties were copied by foreign industries without licensing. Moreover, the lacks of IP management methodology make it difficult to embody the value of orchid intellectual property. This thesis aims to offer some possible solutions for the dilemma of Taiwan orchid industries in a way of “Intelligence Resources Planning (IPR),” proposed by Yen Pong Jou. The analysis will begin with the comparisons of some major countries of orchid industry, including the U.S., Europe, Japan and Taiwan, from their industrial structure, legal regulation concerning plant patent protections and interviews with industries. Following the situation and difficulties observed, this thesis proposes an ”Intelligence Resources Planning in Orchid Industry Model.” The model is design on the base of industrial structure, intellectual property combinations and business management mechanism, including integration of industry, IP strategy of plant variety in different countries, product combinations, and IP marketing and trades. This information will be circulated and analyzed through an internet platform. Through the information sharing, the model aims to enhance Taiwan orchid industry’s competitiveness in the global market.