Research On Plant Variety Rights Licensing Problems

China is a huge agricultural country. Field crop seeding industry is a strategic and fundamental core industry. Plant Variety Rights is not only the essential part of the agriculture technology innovation which has the extremely vital significance to the agriculture development, to the food security and the sustainable development of the ecology, but also the strategic resources of agriculture research institutions and seed corporations. So Plant Variety Rights licensing is the key market path to allocate the strategic resources effectively and efficiently for the agriculture research institutions and seed corporations. Plant variety protection system has been the sharp instrument for the developed countries to enforce the agricultural intellectual property protection rules and explore the genetic resources all over the world, and for the multinational seed companies to capture the world seed market share by using plant patents and plant variety rights. As far as these key points are concerned, the research on the plant variety rights licensing is so important and significant that it is helpful to improve the efficiency of plant variety rights trade, to promote the use of good seed varieties, and to enhance the institution effectiveness of the plant variety protection system.This study uses agricultural technology economics, property rights economics and intellectual property rights economics comprehensively to establish the theory analysis framework of plant variety rights licensing. By synthesizing the normative and positive analysis methods, it studies deeply on the plant variety rights licensing subject, object, licensing modes, licensing fees and royalties, and licensing mechanism. The plant variety rights licensing theory is proved by empirical test on the practice through the investigation data. The successful experiences of plant variety rights licensing in the U.S. and German are referenced, feasible suggestions are supplied to improve the effective plant variety rights licensing in China.The main contents and conclusions of the study are organized as follow:(1) The plant variety rights licensing subject is the basis of licensing theory and practice. The subject of plant variety rights licensing refers to the legal entity and natural person who has the willingness to license the plant variety rights, and has the authority and responsibility to license it to maximize their economic interests. Prefectural and city level seed research institutions are the major licensors and the private seed corporations are the major licensees. There are complex transaction relationship, competition and cooperation relationship between the plant variety rights licensors and licensees. Utilizing the data of prefectural and city level agricultural R&D institutions, this study adopts combined quantitive methods of factor analysis and cluster analysis, assesses the samples'comprehensive power, which indicates that the imbalance and differences decrease the effectiveness of plant variety rights licensing.(2) The plant variety rights licensing object refers to plant variety rights which are effectively protected within the valid period. They are the basis of plant variety rights licensing negotiation. From the multiple viewpoints, the plant variety rights have the features of appropriateness, locality and duration, they are intangible, their returns are potential and value is uncertain. They are a bundle of rights which consists of a collection of multi-dimensional characteristics, such as exclusivity, divisibility, durability and transferability. An economic model analyses the quality of plant variety rights quantitatively by Q-value method to evaluate the property quality of plant variety rights.(3) Exclusive licensing, sole licensing, simple licensing and plant variety rights alliance licensing are important modes with different characteristics, advantages, disadvantages and applicability. The brilliant applicability of the plant variety rights alliance licensing mode lies in the future development situation of the plant patent concentration and biotechnology application in plant breeding.(4) Fixed fees, royalties and two-part tariffs are the core of plant variety licensing negotiation. There are three critical contingency factors influencing the licensing fee methods decision-making. There is no one-fits-for all best licensing methods, the best licensing fee method changes when these contingency factors vary. The contingency theory of plant variety rights licensing fees and royalties is empirical tested by using Logistic regression econometric method, and the result is positive.(5) By changing the assumptions from perfect rationality to bounded rationality, from certainty to uncertainty, and from perfect contract to imperfect contract, this part applies evolutionary game, reveals that the excess earnings, intitial costs, expected investment return ratio and the punishiment of opportunity behaviors are the key factors that influence the equilibrium of the game, and the benefit-sharing, reputation-motivating and risk-mitigating mechanisms can optimize the licensing behavior.(6) The positive analysis on the plant variety rights licensing is to deepen and test the licensing theory empirically. Using the data from questionnaire and field investigation, the study compares the different motivation, behavior and performance of plant variety rights licensing between agricultural research institutions and seed companies. It is the licensing subject imposition, the imperfect licensing contract and the monotonous licensing mode that decreases the effectiveness of plant variety rights licensing. It should enhance the innovation ability of the seed companies, standard the licensing contract and improve the rights holders'management competency.(7) It is beneficial to learn the advanced experience and practice from plant breeders'right licensing of German and plant patent licensing in the U.S. to promote the plant variety rights licensing, the agricultural technology innovation, and agriculture development of China.The innovations lie in the Q value method to evaluate the quality of plant variety rights, the comprehensive evaluation of fundamental agriculture R&D intuitions, the contingency theory of licensing fee and royalties decision-making, and the empirical test of the plant variety rights licensing to improve the realistic significance of plant variety rights licensing theory.