1.Huazhong Agricultural University;2.Capital University of Economics and Business
Farmers’ varieties are cultivated by farmers through collective innovation in certain areas for long time, and are proved to be of special quality, they have collective, territorial and inherited attributes. The value of farmers’ varieties and the core of their protection are genetic information they contain. They are suitable for protection by intellectual property systems, but they should be different from intellectual property systems of protecting private innovation. The acquisition of farmers’ varieties should meet condition of identifiability in less demanding, and go through the registration process. The protection modes of farmers’ varieties mainly include positive protection in form of sui generis right and defensive protection. Under protection of sui generis right, subject of farmers’ varieties right is divided into two levels, static right of farmers’ varieties belongs to the state, dynamic right of farmers’ varieties should exercised by the farmer collective of specific community. Farmers’ varieties right with collective attributes shall not be transferable. But obligee could enjoy the rights of informed consent and benefit sharing based on the permission. Some restricted systems should be set up at the same time, such as rational use, compulsory license and protection time limits, in order to achieve the balance of interests, and promote innovations in plant breeding.