关键词： 责任规则, 植物新品种, 知识产权, 农民留种收费, 集体管理组织

Abstract: The introduction of liability rules in charging system for farmers' saving seed is aimed at combining monopoly for intellectual property rights of new plant varieties with opening and sharing,to ensure legitimate rights and interests of breeders and reduce the cost of safeguarding rights,meanwhile,eliminate the risk of farmers' saving seed,promote breeding innovation and breed popularization.In view of decentralization of saved-seed farmers,seed intellectual property collective management organizations could charge fees instead of breeders.The subjects of duty for payment are saved-seed farmers,regardless of their identities,the purpose and number of saving seed,in order to avoid the problem of reasonable justification for farmers' saving seed.The standard of charge is based on the area and quantity of farmers' planting,and should be reasonably lower than the usual royalties.Specific operation has three main components including collection of charging for farmers' saving seed,assignment of charges and state improved varieties subsidy.

Key words: liability rules, new plant varieties, intellectual property, charge for farmers' saving seed, collective management organization