Abstract:

As an innovative model, the open license of variety rights follows the voluntary principle and embodies the spirit of open sharing and responsibility rules. Open license system can reduce transaction costs, accelerate the transformation of variety rights, and promote breeding innovation. In the present study, the open license of variety rights in China is discussed from theoretical explanation, normative structure and operation guarantee. The specification for the open license system of variety rights should be constructed around the subject of the application, the declaration of open license and the conclusion of the contract, the annual fee reduction and withdrawal. The operation of this system should be guaranteed by clarifying the functions of management departments, improving multiple dispute resolution mechanisms, and establishing a punishment mechanism for untrustworthy behaviors. It is suggested that an open license system should be introduced into China’s plant variety protection law. This system should have proper operating costs, attractiveness and should be suitable for China’s conditions, hence to promote the creation and transformation of variety rights, and ensure national food security with its special institutional function.

Key words: variety rights, open license, annual fee reduction, withdraw