US (United States) Code. Title 7. Chapter 57: Plant variety protection

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Agriculture

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 82 páginas
publicidad
publicidad

-CITE-

7 USC CHAPTER 57 - PLANT VARIETY PROTECTION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

.

-HEAD-

CHAPTER 57 - PLANT VARIETY PROTECTION

-MISC1-

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

PART A - ORGANIZATION AND PUBLICATIONS

Sec.

2321. Establishment.

2322. Seal.

2323. Organization.

2324. Restrictions on employees as to interest in plant variety

protection.

2325. Repealed.

2326. Regulations.

2327. Plant Variety Protection Board.

(a) Appointment.

(b) Functions of Board.

(c) Compensation of Board.

2328. Library.

2329. Register of protected plant varieties.

2330. Publications.

2331. Copies for public libraries.

PART B - LEGAL PROVISIONS AS TO THE PLANT VARIETY PROTECTION OFFICE

2351. Day for taking action falling on Saturday, Sunday, or

holiday.

2352. Form of papers filed.

2353. Testimony in Plant Variety Protection Office cases.

2354. Subpoenas; witnesses.

2355. Effect of defective execution.

2356. Regulations for practice before the Office.

2357. Unauthorized practice.

PART C - PLANT VARIETY PROTECTION FEES

2371. Plant variety protection fees.

(a) In general.

(b) Late payment penalty.

(c) Disposition of funds.

(d) Actions for nonpayment.

(e) Authorization of appropriations.

2372. Payment of plant variety protection fees; return of excess

amounts.

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

PART D - PROTECTABILITY OF PLANT VARIETIES

2401. Definitions and rules of construction.

(a) Definitions.

(b) Rules of construction.

2402. Right to plant variety protection; plant varieties

protectable.

(a) In general.

(b) Multiple applicants.

2403. Reciprocity limits.

2404. Public interest in wide usage.

PART E - APPLICATIONS; FORM; WHO MAY FILE; RELATING BACK;

CONFIDENTIALITY

2421. Application for recognition of plant variety rights.

2422. Content of application.

2423. Joint breeders.

2424. Death or incapacity of breeder.

2425. Benefit of earlier filing date.

2426. Confidential status of application.

2427. Publication.

PART F - EXAMINATIONS; RESPONSE TIME; INITIAL APPEALS

2441. Examination of application.

2442. Notice of refusal; reconsideration.

2443. Initial appeal.

PART G - APPEALS TO COURTS AND OTHER REVIEW

2461. Appeals.

2462. Civil action against Secretary.

2463. Repealed.

PART H - CERTIFICATES OF PLANT VARIETY PROTECTION

2481. Plant variety protection.

2482. How issued.

2483. Contents and term of plant variety protection.

(a) Certificate.

(b) Term.

(c) Expiration upon failure to comply with

regulations; notice.

2484. Correction of Plant Variety Protection Office mistake.

2485. Correction of applicant's mistake.

2486. Correction of named breeder.

PART I - REEXAMINATION AFTER ISSUE, AND CONTESTED PROCEEDINGS

2501. Reexamination after issue.

2502, 2503. Repealed.

2504. Interfering plant variety protection.

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

PART J - OWNERSHIP AND ASSIGNMENT

2531. Ownership and assignment.

2532. Ownership during testing.

PART K - INFRINGEMENT OF PLANT VARIETY PROTECTION

2541. Infringement of plant variety protection.

(a) Acts constituting infringement.

(b) Uses authorized by owner.

(c) Applicability to certain plant varieties.

(d) Acts not considered infringing.

(e) Private noncommercial uses.

(f) ''Perform without authority'' defined.

2542. Grandfather clause.

2543. Right to save seed; crop exemption.

2544. Research exemption.

2545. Intermediary exemption.

PART L - REMEDIES FOR INFRINGEMENT OF PLANT VARIETY PROTECTION, AND

OTHER ACTIONS

2561. Remedy for infringement of plant variety protection.

2562. Presumption of validity; defenses.

2563. Injunction.

2564. Damages.

2565. Attorney fees.

2566. Time limitation on damages.

2567. Limitation of damages; marking and notice.

2568. False marking; cease and desist orders.

2569. Nonresident proprietors; service and notice.

2570. Liability of States, instrumentalities of States, and State

officials for infringement of plant variety protection.

PART M - INTENT AND SEVERABILITY

2581. Intent.

2582. Severability.

2583. Repealed.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1562, 1611 of this title;

title 15 section 3703; title 35 section 201; title 42 section

12002.

-CITE-

7 USC SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

.

-HEAD-

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

-CITE-

7 USC Part A - Organization and Publications 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part A - Organization and Publications

.

-HEAD-

Part A - Organization and Publications

-CITE-

7 USC Sec. 2321 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part A - Organization and Publications

-HEAD-

Sec. 2321. Establishment

-STATUTE-

There is hereby established in the Department of Agriculture an

office to be known as the Plant Variety Protection Office, which

shall have the functions set forth in this chapter.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 1, Dec. 24, 1970, 84 Stat. 1542;

Pub. L. 96-574, Sec. 1, Dec. 22, 1980, 94 Stat. 3350.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-574 substituted ''an office'' for ''a bureau''.

EFFECTIVE DATE

Section 141 of Pub. L. 91-577 provided that: ''This Act (this

chapter) shall take effect upon enactment (Dec. 24, 1970).

Applications may be filed with the Secretary and held by him until

the Office of Plant Variety Protection is organized and in

operation''.

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-349, Sec. 1(a), Oct. 6, 1994, 108 Stat. 3136,

provided that: ''This Act (amending sections 2327, 2330, 2353,

2354, 2357, 2401, 2402, 2404, 2422, 2423, 2424, 2425, 2442, 2461,

2462, 2463, 2482, 2483, 2486, 2501, 2504, 2532, 2541, 2542, 2543,

2561, 2566, 2567, 2568, and 2570 of this title, repealing sections

2463, 2502 and 2503 of this title, and enacting provisions set out

as notes under section 2401 of this title) may be cited as the

'Plant Variety Protection Act Amendments of 1994'.''

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-560, Sec. 1, Oct. 28, 1992, 106 Stat. 4230, provided

that: ''This Act (enacting section 2570 of this title and section

296 of Title 35, Patents, amending section 2541 of this title and

section 271 of Title 35, and enacting provisions set out as a note

under section 2541 of this title) may be cited as the 'Patent and

Plant Variety Protection Remedy Clarification Act'.''

SHORT TITLE

Section 145 of Pub. L. 91-577 provided that: ''This Act (enacting

this chapter, section 1611 of this title, and sections 1545 and

2353 of Title 28, Judiciary and Judicial Procedure, amending

section 1562 of this title and sections 1338 and 1498 of Title 28,

and enacting provisions set out as notes under this section) may be

cited as the 'Plant Variety Protection Act'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 1545.

-CITE-

7 USC Sec. 2322 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part A - Organization and Publications

-HEAD-

Sec. 2322. Seal

-STATUTE-

The Plant Variety Protection Office shall have a seal with which

documents and certificates evidencing plant variety protection

shall be authenticated.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 2, Dec. 24, 1970, 84 Stat. 1542.)

-CITE-

7 USC Sec. 2323 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part A - Organization and Publications

-HEAD-

Sec. 2323. Organization

-STATUTE-

The organization of the Plant Variety Protection Office shall,

except as provided herein, be determined by the Secretary of

Agriculture (hereinafter called the Secretary). The office shall

devote itself substantially exclusively to the administration of

this chapter.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 3, Dec. 24, 1970, 84 Stat. 1542.)

-CITE-

7 USC Sec. 2324 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part A - Organization and Publications

-HEAD-

Sec. 2324. Restrictions on employees as to interest in plant

variety protection

-STATUTE-

Employees of the Plant Variety Protection Office shall be

ineligible during the periods of their employment, to apply for

plant variety protection and to acquire directly or indirectly,

except by inheritance or bequest, any right or interest in any

matters before that office. This section shall not apply to

members of the Plant Variety Protection Board who are not otherwise

employees of the Plant Variety Protection Office.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 4, Dec. 24, 1970, 84 Stat. 1542.)

-CITE-

7 USC Sec. 2325 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part A - Organization and Publications

-HEAD-

Sec. 2325. Repealed. Pub. L. 96-574, Sec. 2, Dec. 22, 1980, 94

Stat. 3350

-MISC1-

Section, Pub. L. 91-577, title I, Sec. 5, Dec. 24, 1970, 84 Stat.

1542, required employees designated by Secretary to give bond

before entering upon their duties.

-CITE-

7 USC Sec. 2326 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part A - Organization and Publications

-HEAD-

Sec. 2326. Regulations

-STATUTE-

The Secretary may establish regulations, not inconsistent with

law, for the conduct of proceedings in the Plant Variety Protection

Office after consultations with the Plant Variety Protection Board.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 6, Dec. 24, 1970, 84 Stat. 1542.)

-CITE-

7 USC Sec. 2327 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part A - Organization and Publications

-HEAD-

Sec. 2327. Plant Variety Protection Board

-STATUTE-

(a) Appointment

The Secretary shall appoint a Plant Variety Protection Board. The

Board shall consist of individuals who are experts in various areas

of varietal development covered by this chapter. Membership of the

Board shall include farmer representation and shall be drawn

approximately equally from the private or seed industry sector and

from the sector of government or the public. The Secretary or the

designee of the Secretary shall act as chairperson of the Board

without voting rights except in the case of ties.

(b) Functions of Board

The functions of the Plant Variety Protection Board shall

include:

(1) Advising the Secretary concerning the adoption of Rules and

Regulations to facilitate the proper administration of this

chapter;

(2) Making advisory decisions on all appeals from the

examiner. The Board shall determine whether to act as a full

Board or by panels it selects; and whether to review advisory

decisions made by a panel. For service on such appeals, the

Board may select, as temporary members, experts in the area to

which the particular appeal relates; and

(3) Advising the Secretary on all questions under section 2404

of this title.

(c) Compensation of Board

The members of the Plant Variety Protection Board shall serve

without compensation except for standard government reimbursable

expenses.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 7, Dec. 24, 1970, 84 Stat. 1543;

Pub. L. 103-349, Sec. 13(a), Oct. 6, 1994, 108 Stat. 3142.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-349 substituted ''the designee of

the Secretary shall act as chairperson'' for ''his designee shall

act as chairman'' in last sentence.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Sec. 2328 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part A - Organization and Publications

-HEAD-

Sec. 2328. Library

-STATUTE-

The Secretary shall maintain a library of scientific and other

works and periodicals, both foreign and domestic, in the Plant

Variety Protection Office to aid the examiners in the discharge of

their duties.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 8, Dec. 24, 1970, 84 Stat. 1543;

Pub. L. 96-574, Sec. 3, Dec. 22, 1980, 94 Stat. 3350.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-574 substituted ''examiners'' for ''officers''.

-CITE-

7 USC Sec. 2329 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part A - Organization and Publications

-HEAD-

Sec. 2329. Register of protected plant varieties

-STATUTE-

The Secretary shall maintain a register of descriptions of United

States protected plant varieties.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 9, Dec. 24, 1970, 84 Stat. 1543;

Pub. L. 96-574, Sec. 4, Dec. 22, 1980, 94 Stat. 3350.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-574 substituted ''descriptions'' for

''published specifications'', and struck out provisions requiring

maintenance of a file for other information.

-CITE-

7 USC Sec. 2330 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part A - Organization and Publications

-HEAD-

Sec. 2330. Publications

-STATUTE-

(a) The Secretary may publish, or cause to be published, in such

format as the Secretary shall determine to be suitable, the

following:

(1) The descriptions of plant varieties protected including

drawings and photographs.

(2) The Official Journal of the Plant Variety Protection

Office, including annual indices.

(3) Pamphlet copies of the plant variety protection laws and

rules of practice and circulars or other publications relating to

the business of the Office.

(b) The Secretary may (1) establish public facilities for the

searching of plant variety protection records and materials, and

(2) from time to time, as through an information service,

disseminate to the public those portions of the technological and

other public information available to or within the Plant Variety

Protection Office to encourage innovation and promote the progress

of plant breeding.

(c) The Secretary may exchange any of the publications specified

for publications desirable for the use of the Plant Variety

Protection Office. The Secretary may exchange copies of

descriptions, drawings, and photographs of United States protected

plant varieties for copies of descriptions, drawings, and

photographs of applications and protected plant varieties of

foreign countries.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 10, Dec. 24, 1970, 84 Stat. 1543;

Pub. L. 96-574, Sec. 5-8, Dec. 22, 1980, 94 Stat. 3350; Pub. L.

103-349, Sec. 13(b), Oct. 6, 1994, 108 Stat. 3143.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-349 substituted ''the Secretary''

for ''he'' before ''shall'' in introductory provisions.

1980 - Subsec. (a)(1). Pub. L. 96-574, Sec. 5, substituted

provisions respecting descriptions for provisions respecting

specifications.

Subsec. (b). Pub. L. 96-574, Sec. 6, 7, struck out subsec. (b)

which related to photolithography and lithography, redesignated

subsec. (c) as (b) and substituted ''plant breeding'' for ''the

useful arts''.

Subsecs. (c), (d). Pub. L. 96-574, Sec. 7, 8, redesignated

subsec. (d) as (c) and substituted ''descriptions'' for

''specifications'' in two places. Former subsec. (c) redesignated

(b).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Sec. 2331 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part A - Organization and Publications

-HEAD-

Sec. 2331. Copies for public libraries

-STATUTE-

The Secretary may supply printed copies of descriptions,

drawings, and photographs of protected plant varieties to public

libraries in the United States which shall maintain such copies for

the use of the public.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 11, Dec. 24, 1970, 84 Stat. 1544;

Pub. L. 96-574, Sec. 9, Dec. 22, 1980, 94 Stat. 3350.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-574 substituted ''descriptions'' for

''specifications''.

-CITE-

7 USC Part B - Legal Provisions as to the Plant Variety

Protection Office 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part B - Legal Provisions as to the Plant Variety Protection Office

.

-HEAD-

Part B - Legal Provisions as to the Plant Variety Protection Office

-CITE-

7 USC Sec. 2351 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part B - Legal Provisions as to the Plant Variety Protection Office

-HEAD-

Sec. 2351. Day for taking action falling on Saturday, Sunday, or

holiday

-STATUTE-

When the day, or the last day, for taking any action or paying

any fee in the United States Plant Variety Protection Office falls

on Saturday, Sunday, a holiday within the District of Columbia, or

on any other day the Plant Variety Protection Office is closed for

the receipt of papers, the action may be taken or the fee paid, on

the next succeeding business day.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 21, Dec. 24, 1970, 84 Stat. 1544.)

-CITE-

7 USC Sec. 2352 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part B - Legal Provisions as to the Plant Variety Protection Office

-HEAD-

Sec. 2352. Form of papers filed

-STATUTE-

The Secretary may by regulations prescribe the form of papers to

be filed in the Plant Variety Protection Office.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 22, Dec. 24, 1970, 84 Stat. 1544.)

-CITE-

7 USC Sec. 2353 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part B - Legal Provisions as to the Plant Variety Protection Office

-HEAD-

Sec. 2353. Testimony in Plant Variety Protection Office cases

-STATUTE-

The Secretary may establish regulations for taking affidavits,

depositions, and other evidence required in cases before the Plant

Variety Protection Office. Any officer authorized by law to take

depositions to be used in the courts of the United States, or of

the State where the officer resides, may take such affidavits and

depositions, and swear the witnesses. If any person acts as a

hearing officer by authority of the Secretary, the person shall

have like power.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 23, Dec. 24, 1970, 84 Stat. 1544;

Pub. L. 103-349, Sec. 13(c), Oct. 6, 1994, 108 Stat. 3143.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-349 substituted ''the officer'' for ''he'' in

second sentence and ''the person'' for ''he'' in third sentence.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Sec. 2354 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part B - Legal Provisions as to the Plant Variety Protection Office

-HEAD-

Sec. 2354. Subpoenas; witnesses

-STATUTE-

(a) The clerk of any United States court for the district wherein

testimony is to be taken in accordance with regulations established

by the Secretary for use in any contested case in the Plant Variety

Protection Office shall, upon the application of any party thereof,

issue a subpoena for any witness residing or being within such

district or within one hundred miles of the stated place in such

district, commanding the witness to appear and testify before an

officer in such district authorized to take depositions and

affidavits, at the time and place stated in the subpoena. The

provisions of the Federal Rules of Civil Procedure relating to the

attendance of witnesses and the production of documents and things

shall apply to contested cases in the Plant Variety Protection

Office insofar as consistent with such regulations.

(b) Every witness subpoenaed or testifying shall be allowed the

fees and traveling expenses allowed to witnesses attending the

United States district courts.

(c) A judge of a court whose clerk issued a subpoena may enforce

obedience to the process or punish disobedience as in other like

cases, on proof that a witness, served with such subpoena,

neglected or refused to appear or to testify. No witness shall be

deemed guilty of contempt for disobeying such subpoena unless the

fees and traveling expenses of the witness in going to, and

returning from, one day's attendance at the place of examination,

are paid or tendered the witness at the time of the service of the

subpoena; nor for refusing to disclose any secret matter except

upon appropriate order of the court which issued the subpoena or of

the Secretary.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 24, Dec. 24, 1970, 84 Stat. 1544;

Pub. L. 103-349, Sec. 13(d), Oct. 6, 1994, 108 Stat. 3143.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-349, Sec. 13(d)(1), substituted

''the witness'' for ''him'' in first sentence.

Subsec. (c). Pub. L. 103-349, Sec. 13(d)(2)(B), substituted ''the

witness'' for ''him'' after ''paid or tendered'' in second

sentence.

Pub. L. 103-349, Sec. 13(d)(2)(A), which directed that second

sentence be amended by substituting ''the fees and traveling

expenses of the witness'' for ''this fees and traveling expenses'',

was executed by making the substitution for ''his fees and

traveling expenses'', to reflect the probable intent of Congress.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Sec. 2355 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part B - Legal Provisions as to the Plant Variety Protection Office

-HEAD-

Sec. 2355. Effect of defective execution

-STATUTE-

Any document to be filed in the Plant Variety Protection Office

and which is required by any law or regulation to be executed in a

specified manner may be provisionally accepted by the Secretary

despite a defective execution, provided a properly executed

document is submitted within such time as may be prescribed.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 25, Dec. 24, 1970, 84 Stat. 1545.)

-CITE-

7 USC Sec. 2356 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part B - Legal Provisions as to the Plant Variety Protection Office

-HEAD-

Sec. 2356. Regulations for practice before the Office

-STATUTE-

The Secretary shall prescribe regulations governing the admission

to practice and conduct of persons representing applicants or other

parties before the Plant Variety Protection Office. The Secretary

may, after notice and opportunity for a hearing, suspend or

exclude, either generally or in any particular case, from further

practice before the Office of Plant Variety Protection any person

shown to be incompetent or disreputable or guilty of gross

misconduct.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 26, Dec. 24, 1970, 84 Stat. 1545.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2357 of this title.

-CITE-

7 USC Sec. 2357 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part B - Legal Provisions as to the Plant Variety Protection Office

-HEAD-

Sec. 2357. Unauthorized practice

-STATUTE-

Anyone who in the United States engages in direct or indirect

practice before the Office of Plant Variety Protection while

suspended or excluded under section 2356 of this title, or without

being admitted to practice before the Office, shall be liable in a

civil action for the return of all money received, and for

compensation for damage done by such person and also may be

enjoined from such practice. However, there shall be no liability

for damage if such person establishes that the work was done

competently and without negligence. This section does not apply to

anyone who, without a claim of self-sufficiency, works under the

supervision of another who stands admitted and is the responsible

party; or to anyone who establishes that the person acted only on

behalf of any employer by whom the person was regularly employed.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 27, Dec. 24, 1970, 84 Stat. 1545;

Pub. L. 103-349, Sec. 13(e), Oct. 6, 1994, 108 Stat. 3143.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-349 substituted ''the person'' for ''he'' in

two places in last sentence.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Part C - Plant Variety Protection Fees 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part C - Plant Variety Protection Fees

.

-HEAD-

Part C - Plant Variety Protection Fees

-CITE-

7 USC Sec. 2371 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part C - Plant Variety Protection Fees

-HEAD-

Sec. 2371. Plant variety protection fees

-STATUTE-

(a) In general

The Secretary shall, under such regulations as the Secretary may

prescribe, charge and collect reasonable fees for services

performed under this chapter.

(b) Late payment penalty

On failure to pay such fees, the Secretary shall assess a late

payment penalty. Such overdue fees shall accrue interest as

required by section 3717 of title 31.

(c) Disposition of funds

Such fees, late payment penalties, and accrued interest collected

shall be credited to the account that incurs the cost and shall

remain available without fiscal year limitation to pay the expenses

incurred by the Secretary in carrying out this chapter. Such funds

collected (including late payment penalties and any interest

earned) may be invested by the Secretary in insured or fully

collateralized, interest-bearing accounts or, at the discretion of

the Secretary, by the Secretary of the Treasury in United States

Government debt instruments.

(d) Actions for nonpayment

The Attorney General may bring an action for the recovery of

charges that have not been paid in accordance with this chapter

against any person obligated for payment of such charges under this

chapter in any United States district court or other United States

court for any territory or possession in any jurisdiction in which

the person is found, resides, or transacts business. The court

shall have jurisdiction to hear and decide the action.

(e) Authorization of appropriations

There are authorized to be appropriated such sums as are

necessary to carry out this chapter.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 31, Dec. 24, 1970, 84 Stat. 1545;

Pub. L. 96-574, Sec. 10, Dec. 22, 1980, 94 Stat. 3350; Pub. L.

100-203, title I, Sec. 1505, Dec. 22, 1987, 101 Stat. 1330-28.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-203 amended section generally. Prior to

amendment, section read as follows: ''The Secretary shall, under

such regulations as he may prescribe, charge and collect reasonable

fees for services performed under this chapter. Such fees shall be

deposited into the Treasury as miscellaneous receipts. There are

hereby authorized to be appropriated such funds as may be necessary

to carry out the provisions of this chapter.''

1980 - Pub. L. 96-574 substituted provisions relating to deposit

of fees and authorization of appropriations for provisions relating

to recovering of fees, initial capital of the fund, and charging of

fees.

-CITE-

7 USC Sec. 2372 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

Part C - Plant Variety Protection Fees

-HEAD-

Sec. 2372. Payment of plant variety protection fees; return of

excess amounts

-STATUTE-

All fees shall be paid to the Secretary, and the Secretary may

refund any sum paid by mistake or in excess of the fee required.

-SOURCE-

(Pub. L. 91-577, title I, Sec. 32, Dec. 24, 1970, 84 Stat. 1545.)

-CITE-

7 USC SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES

AND CERTIFICATES OF PROTECTION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

.

-HEAD-

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

-CITE-

7 USC Part D - Protectability of Plant Varieties 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part D - Protectability of Plant Varieties

.

-HEAD-

Part D - Protectability of Plant Varieties

-CITE-

7 USC Sec. 2401 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part D - Protectability of Plant Varieties

-HEAD-

Sec. 2401. Definitions and rules of construction

-STATUTE-

(a) Definitions

As used in this chapter:

(1) Basic seed

The term ''basic seed'' means the seed planted to produce

certified or commercial seed.

(2) Breeder

The term ''breeder'' means the person who directs the final

breeding creating a variety or who discovers and develops a

variety. If the actions are conducted by an agent on behalf of a

principal, the principal, rather than the agent, shall be

considered the breeder. The term does not include a person who

redevelops or rediscovers a variety the existence of which is

publicly known or a matter of common knowledge.

(3) Essentially derived variety

(A) In general

The term ''essentially derived variety'' means a variety that

-

(i) is predominantly derived from another variety (referred

to in this paragraph as the ''initial variety'') or from a

variety that is predominantly derived from the initial

variety, while retaining the expression of the essential

characteristics that result from the genotype or combination

of genotypes of the initial variety;

(ii) is clearly distinguishable from the initial variety;

and

(iii) except for differences that result from the act of

derivation, conforms to the initial variety in the expression

of the essential characteristics that result from the

genotype or combination of genotypes of the initial variety.

(B) Methods

An essentially derived variety may be obtained by the

selection of a natural or induced mutant or of a somaclonal

variant, the selection of a variant individual from plants of

the initial variety, backcrossing, transformation by genetic

engineering, or other method.

(4) Kind

The term ''kind'' means one or more related species or

subspecies singly or collectively known by one common name, such

as soybean, flax, or radish.

(5) Seed

The term ''seed'', with respect to a tuber propagated variety,

means the tuber or the part of the tuber used for propagation.

(6) Sexually reproduced

The term ''sexually reproduced'' includes any production of a

variety by seed, but does not include the production of a variety

by tuber propagation.

(7) Tuber propagated

The term ''tuber propagated'' means propagated by a tuber or a

part of a tuber.

(8) United States

The terms ''United States'' and ''this country'' mean the

United States, the territories and possessions of the United

States, and the Commonwealth of Puerto Rico.

(9) Variety

The term ''variety'' means a plant grouping within a single

botanical taxon of the lowest known rank, that, without regard to

whether the conditions for plant variety protection are fully

met, can be defined by the expression of the characteristics

resulting from a given genotype or combination of genotypes,

distinguished from any other plant grouping by the expression of

at least one characteristic and considered as a unit with regard

to the suitability of the plant grouping for being propagated

unchanged. A variety may be represented by seed, transplants,

plants, tubers, tissue culture plantlets, and other matter.

(b) Rules of construction

For the purposes of this chapter:

(1) Sale or disposition for nonreproductive purposes

The sale or disposition, for other than reproductive purposes,

of harvested material produced as a result of experimentation or

testing of a variety to ascertain the characteristics of the

variety, or as a by-product of increasing a variety, shall not be

considered to be a sale or disposition for purposes of

exploitation of the variety.

(2) Sale or disposition for reproductive purposes

The sale or disposition of a variety for reproductive purposes

shall not be considered to be a sale or disposition for the

purposes of exploitation of the variety if the sale or

disposition is done as an integral part of a program of

experimentation or testing to ascertain the characteristics of

the variety, or to increase the variety on behalf of the breeder

or the successor in interest of the breeder.

(3) Sale or disposition of hybrid seed

The sale or disposition of hybrid seed shall be considered to

be a sale or disposition of harvested material of the varieties

from which the seed was produced.

(4) Application for protection or entering into a register of

varieties

The filing of an application for the protection or for the

entering of a variety in an official register of varieties, in

any country, shall be considered to render the variety a matter

of common knowledge from the date of the application, if the

application leads to the granting of protection or to the

entering of the variety in the official register of varieties, as

the case may be.

(5) Distinctness

The distinctness of one variety from another may be based on

one or more identifiable morphological, physiological, or other

characteristics (including any characteristics evidenced by

processing or product characteristics, such as milling and baking

characteristics in the case of wheat) with respect to which a

difference in genealogy may contribute evidence.

(6) Publicly known varieties

(A) In general

A variety that is adequately described by a publication

reasonably considered to be a part of the public technical

knowledge in the United States shall be considered to be

publicly known and a matter of common knowledge.

(B) Description

A description that meets the requirements of subparagraph (A)

shall include a disclosure of the principal characteristics by

which a variety is distinguished.

(C) Other means

A variety may become publicly known and a matter of common

knowledge by other means.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 41, Dec. 24, 1970, 84 Stat. 1546;

Pub. L. 103-349, Sec. 2, Oct. 6, 1994, 108 Stat. 3136.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-349 amended section generally, substituting

provisions consisting of subsecs. (a) and (b) for former provisions

consisting of subsecs. (a) to (j).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 15 of Pub. L. 103-349 provided that: ''This Act (amending

this section and sections 2327, 2330, 2353, 2354, 2357, 2402, 2404,

2422, 2423, 2424, 2425, 2442, 2461, 2462, 2463, 2482, 2483, 2486,

2501, 2504, 2532, 2541, 2542, 2543, 2561, 2566, 2567, 2568, and

2570 of this title, repealing sections 2463, 2502 and 2503 of this

title, and enacting provisions set out as notes under this section

and section 2321 of this title) and the amendments made by this Act

shall become effective 180 days after the date of enactment of this

Act (Oct. 6, 1994).''

TRANSITIONAL PROVISIONS FOR 1994 AMENDMENT

Section 14 of Pub. L. 103-349 provided that:

''(a) In General. - Except as provided in this section, any

variety for which a certificate of plant variety protection has

been issued prior to the effective date of this Act (see Effective

Date of 1994 Amendment note above), and any variety for which an

application is pending on the effective date of this Act, shall

continue to be governed by the Plant Variety Protection Act (7

U.S.C. 2321 et seq.), as in effect on the day before the effective

date of this Act.

''(b) Applications Refiled. -

''(1) In general. - An applicant may refile a pending

application on or after the effective date of this Act (see

Effective Date of 1994 Amendment note above).

''(2) Effect of refiling. - If a pending application is refiled

on or after the effective date of this Act -

''(A) eligibility for protection and the terms of protection

shall be governed by the Plant Variety Protection Act (7 U.S.C.

2321 et seq.), as amended by this Act; and

''(B) for purposes of section 42 of the Plant Variety

Protection Act (7 U.S.C. 2402), as amended by section 3 of this

Act, the date of filing shall be the date of filing of the

original application.

''(c) Labeling. -

''(1) In general. - To obtain the protection provided to an

owner of a protected variety under the Plant Variety Protection

Act (7 U.S.C. 2321 et seq.) (as amended by this Act), a notice

given by an owner concerning the variety under section 127 of the

Plant Variety Protection Act (7 U.S.C. 2567) shall state that the

variety is protected under such Act (as amended by this Act).

''(2) Sanctions. - Any person that makes a false or misleading

statement or claim, or uses a false or misleading label,

concerning protection described in paragraph (1) shall be subject

to the sanctions described in section 128 of the Plant Variety

Protection Act (7 U.S.C. 2568).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 35 section 201.

-CITE-

7 USC Sec. 2402 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part D - Protectability of Plant Varieties

-HEAD-

Sec. 2402. Right to plant variety protection; plant varieties

protectable

-STATUTE-

(a) In general

The breeder of any sexually reproduced or tuber propagated plant

variety (other than fungi or bacteria) who has so reproduced the

variety, or the successor in interest of the breeder, shall be

entitled to plant variety protection for the variety, subject to

the conditions and requirements of this chapter, if the variety is

-

(1) new, in the sense that, on the date of filing of the

application for plant variety protection, propagating or

harvested material of the variety has not been sold or otherwise

disposed of to other persons, by or with the consent of the

breeder, or the successor in interest of the breeder, for

purposes of exploitation of the variety -

(A) in the United States, more than 1 year prior to the date

of filing; or

(B) in any area outside of the United States -

(i) more than 4 years prior to the date of filing, except

that in the case of a tuber propagated plant variety the

Secretary may waive the 4-year limitation for a period ending

1 year after April 4, 1996; or

(ii) in the case of a tree or vine, more than 6 years prior

to the date of filing;

(2) distinct, in the sense that the variety is clearly

distinguishable from any other variety the existence of which is

publicly known or a matter of common knowledge at the time of the

filing of the application;

(3) uniform, in the sense that any variations are describable,

predictable, and commercially acceptable; and

(4) stable, in the sense that the variety, when reproduced,

will remain unchanged with regard to the essential and

distinctive characteristics of the variety with a reasonable

degree of reliability commensurate with that of varieties of the

same category in which the same breeding method is employed.

(b) Multiple applicants

(1) In general

If 2 or more applicants submit applications on the same

effective filing date for varieties that cannot be clearly

distinguished from one another, but that fulfill all other

requirements of subsection (a) of this section, the applicant who

first complies with all requirements of this chapter shall be

entitled to a certificate of plant variety protection, to the

exclusion of any other applicant.

(2) Requirements completed on same date

(A) In general

Except as provided in subparagraph (B), if 2 or more

applicants comply with all requirements for protection on the

same date, a certificate shall be issued for each variety.

(B) Varieties indistinguishable

If the varieties that are the subject of the applications

cannot be distinguished in any manner, a single certificate

shall be issued jointly to the applicants.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 42, Dec. 24, 1970, 84 Stat. 1547;

Pub. L. 103-349, Sec. 3, Oct. 6, 1994, 108 Stat. 3138; Pub. L.

104-127, title IX, Sec. 913(a), Apr. 4, 1996, 110 Stat. 1186.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1)(B)(i). Pub. L. 104-127 inserted '', except

that in the case of a tuber propagated plant variety the Secretary

may waive the 4-year limitation for a period ending 1 year after

April 4, 1996'' after ''filing''.

1994 - Pub. L. 103-349 amended section generally, substituting

present provisions for substantially similar former provisions.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2483, 2562 of this title.

-CITE-

7 USC Sec. 2403 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part D - Protectability of Plant Varieties

-HEAD-

Sec. 2403. Reciprocity limits

-STATUTE-

Protection under this chapter may, by regulation, be limited to

nationals of the United States, except where this limitation would

violate a treaty and except that nationals of a foreign state in

which they are domiciled shall be entitled to so much of the

protection here afforded as is afforded by said foreign state to

nationals of the United States for the same genus and species.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 43, Dec. 24, 1970, 84 Stat. 1547.)

-CITE-

7 USC Sec. 2404 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part D - Protectability of Plant Varieties

-HEAD-

Sec. 2404. Public interest in wide usage

-STATUTE-

The Secretary may declare a protected variety open to use on a

basis of equitable remuneration to the owner, not less than a

reasonable royalty, when the Secretary determines that such

declaration is necessary in order to insure an adequate supply of

fiber, food, or feed in this country and that the owner is

unwilling or unable to supply the public needs for the variety at a

price which may reasonably be deemed fair. Such declaration may

be, with or without limitation, with or without designation of what

the remuneration is to be; and shall be subject to review as under

section 2461 or 2462 of this title (any finding that the price is

not reasonable being reviewable), and shall remain in effect not

more than two years. In the event litigation is required to

collect such remuneration, a higher rate may be allowed by the

court.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 44, Dec. 24, 1970, 84 Stat. 1547;

Pub. L. 103-349, Sec. 13(f), Oct. 6, 1994, 108 Stat. 3143.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-349 substituted ''the Secretary'' for ''he''

before ''determines'' in first sentence.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2327, 2461 of this title.

-CITE-

7 USC Part E - Applications; Form; Who May File;

Relating Back; Confidentiality 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part E - Applications; Form; Who May File; Relating Back;

Confidentiality

.

-HEAD-

Part E - Applications; Form; Who May File; Relating Back;

Confidentiality

-CITE-

7 USC Sec. 2421 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part E - Applications; Form; Who May File; Relating Back;

Confidentiality

-HEAD-

Sec. 2421. Application for recognition of plant variety rights

-STATUTE-

(a) An application for a certificate of Plant Variety Protection

may be filed by the owner of the variety sought to be protected.

The application shall be made in writing to the Secretary, shall be

signed by or on behalf of the applicant, and shall be accompanied

by the prescribed fee.

(b) An error as to the naming of the breeder, without deceptive

intent, may be corrected at any time, in accordance with

regulations established by the Secretary.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 51, Dec. 24, 1970, 84 Stat. 1548.)

-CITE-

7 USC Sec. 2422 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part E - Applications; Form; Who May File; Relating Back;

Confidentiality

-HEAD-

Sec. 2422. Content of application

-STATUTE-

An application for a certificate recognizing plant variety rights

shall contain:

(1) The name of the variety except that a temporary designation

will suffice until the certificate is to be issued. The variety

shall be named in accordance with regulations issued by the

Secretary.

(2) A description of the variety setting forth its

distinctiveness, uniformity, and stability and a description of

the genealogy and breeding procedure, when known. The Secretary

may require amplification, including the submission of adequate

photographs or drawings or plant specimens, if the description is

not adequate or as complete as is reasonably possible, and

submission of records or proof of ownership or of allegations

made in the application. An applicant may add to or correct the

description at any time, before the certificate is issued, upon a

showing acceptable to the Secretary that the revised description

is retroactively accurate. Courts shall protect others from any

injustice which would result. The Secretary may accept records

of the breeder and of any official seed certifying agency in this

country as evidence of stability where applicable.

(3) A statement of the basis of the claim of the applicant that

the variety is new.

(4) A declaration that a viable sample of basic seed (including

any propagating material) necessary for propagation of the

variety will be deposited and replenished periodically in a

public repository in accordance with regulations to be

established hereunder.

(5) A statement of the basis of applicant's ownership.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 52, Dec. 24, 1970, 84 Stat. 1548;

Pub. L. 96-574, Sec. 11, Dec. 22, 1980, 94 Stat. 3350; Pub. L.

103-349, Sec. 4, Oct. 6, 1994, 108 Stat. 3139.)

-MISC1-

AMENDMENTS

1994 - Par. (1). Pub. L. 103-349, Sec. 4(1), inserted at end

''The variety shall be named in accordance with regulations issued

by the Secretary.''

Par. (2). Pub. L. 103-349, Sec. 4(2), in first sentence

substituted ''distinctiveness, uniformity, and stability'' for

''novelty''.

Par. (3). Pub. L. 103-349, Sec. 4(4), added par. (3). Former par.

(3) redesignated (4).

Par. (4). Pub. L. 103-349, Sec. 4(3), (5), redesignated par. (3)

as (4) and inserted ''(including any propagating material)'' after

''basic seed''. Former par. (4) redesignated (5).

Par. (5). Pub. L. 103-349, Sec. 4(3), redesignated par. (4) as

(5).

1980 - Par. (3). Pub. L. 96-574 struck out provisions relating to

adding of declaration by amendment.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2481, 2562 of this title.

-CITE-

7 USC Sec. 2423 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part E - Applications; Form; Who May File; Relating Back;

Confidentiality

-HEAD-

Sec. 2423. Joint breeders

-STATUTE-

(a) When two or more persons are the breeders, one person (or the

successor of the person) may apply, naming the others.

(b) The Secretary, after such notice as the Secretary may

prescribe, may issue a certificate of plant variety protection to

the applicant and such of the other breeders (or their successors

in interest) as may have subsequently joined in the application.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 53, Dec. 24, 1970, 84 Stat. 1548;

Pub. L. 103-349, Sec. 13(g), Oct. 6, 1994, 108 Stat. 3143.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-349, Sec. 13(g)(1), substituted

''one person (or the successor of the person)'' for ''one (or his

successor)''.

Subsec. (b). Pub. L. 103-349, Sec. 13(g)(2), substituted ''the

Secretary'' for ''he'' before ''may''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Sec. 2424 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part E - Applications; Form; Who May File; Relating Back;

Confidentiality

-HEAD-

Sec. 2424. Death or incapacity of breeder

-STATUTE-

Legal representatives of deceased breeders and of those under

legal incapacity may make application for plant variety protection

upon compliance with the requirements and on the same terms and

conditions applicable to the breeder or the successor in interest

of the breeder.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 54, Dec. 24, 1970, 84 Stat. 1548;

Pub. L. 103-349, Sec. 13(h), Oct. 6, 1994, 108 Stat. 3143.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-349 substituted ''the successor in interest of

the breeder'' for ''his successor in interest''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Sec. 2425 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part E - Applications; Form; Who May File; Relating Back;

Confidentiality

-HEAD-

Sec. 2425. Benefit of earlier filing date

-STATUTE-

(a)(1) An application for a certificate of plant variety

protection filed in this country based on the same variety, and on

rights derived from the same breeder, on which there has previously

been filed an application for plant variety protection in a foreign

country which affords similar privileges in the case of

applications filed in the United States by nationals of the United

States, shall have the same effect as the same application would

have if filed in the United States on the date on which the

application for plant variety protection for the same variety was

first filed in such foreign country, if the application in this

country is filed within twelve months from the earliest date on

which such foreign application was filed, not including the date on

which the application is filed in the foreign country.

(2) No application shall be entitled to a right of priority under

this section, unless the applicant designates the foreign

application in the application filed in the United States or by

amendment thereto and, if required by the Secretary, furnishes such

copy, translation or both, as the Secretary may specify.

(3)(A) An applicant entitled to a right of priority under this

subsection shall be allowed to furnish any necessary information,

document, or material required for the purpose of the examination

of the application during -

(i) the 2-year period beginning on the date of the expiration

of the period of priority; or

(ii) if the first application is rejected or withdrawn, an

appropriate period after the rejection or withdrawal, to be

determined by the Secretary.

(B) An event occurring within the period of priority (such as the

filing of another application or use of the variety that is the

subject of the first application) shall not constitute a ground for

rejecting the application or give rise to any third party right.

(b) An application for a certificate of plant variety protection

for the same variety as was the subject of an application

previously filed in the United States by or on behalf of the same

person, or by the predecessor in title of the person, shall have

the same effect as to such variety as though filed on the date of

the prior application if filed before the issuance of the

certificate or other termination of proceedings on the first

application or on an application similarly entitled to the benefit

of the filing date of the first application and if it contains or

is amended to contain a specific reference to the earlier filed

application.

(c) A later application shall not by itself establish that a

characteristic newly described was in the variety at the time of

the earlier application.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 55, Dec. 24, 1970, 84 Stat. 1548;

Pub. L. 103-349, Sec. 5, 13(i), Oct. 6, 1994, 108 Stat. 3139,

3143.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-349, Sec. 5(1), designated first

sentence as par. (1) and second sentence as par. (2).

Subsec. (a)(1). Pub. L. 103-349, Sec. 5(2), inserted before

period at end '', not including the date on which the application

is filed in the foreign country''.

Subsec. (a)(2). Pub. L. 103-349, Sec. 13(i)(1), substituted ''in

the application filed in the United States'' for ''in his

application''.

Subsec. (a)(3). Pub. L. 103-349, Sec. 5(3), added par. (3).

Subsec. (b). Pub. L. 103-349, Sec. 13(i)(2), substituted ''the

predecessor in title of the person'' for ''his predecessor in

title''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Sec. 2426 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part E - Applications; Form; Who May File; Relating Back;

Confidentiality

-HEAD-

Sec. 2426. Confidential status of application

-STATUTE-

Applications for plant variety protection and their contents

shall be kept in confidence by the Plant Variety Protection Office,

by the Board, and by the offices in the Department of Agriculture

to which access may be given under regulations. No information

concerning the same shall be given without the authority of the

owner, unless necessary under special circumstances as may be

determined by the Secretary, except that the Secretary may publish

the variety names designated in applications, stating the kind to

which each applies, the name of the applicant, and whether the

applicant specified that the variety is to be sold by variety name

only as a class of certified seed.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 56, Dec. 24, 1970, 84 Stat. 1549;

Pub. L. 96-574, Sec. 12, Dec. 22, 1980, 94 Stat. 3350.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-574 inserted provisions relating to name of

applicant and sale of the variety.

-CITE-

7 USC Sec. 2427 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part E - Applications; Form; Who May File; Relating Back;

Confidentiality

-HEAD-

Sec. 2427. Publication

-STATUTE-

The Secretary may establish regulations for the publication of

information regarding any pending application when publication is

requested by the owner.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 57, Dec. 24, 1970, 84 Stat. 1549;

Pub. L. 96-574, Sec. 13, Dec. 22, 1980, 94 Stat. 3350.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-574 inserted ''information regarding'' after

''publication of''.

-CITE-

7 USC Part F - Examinations; Response Time; Initial

Appeals 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part F - Examinations; Response Time; Initial Appeals

.

-HEAD-

Part F - Examinations; Response Time; Initial Appeals

-CITE-

7 USC Sec. 2441 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part F - Examinations; Response Time; Initial Appeals

-HEAD-

Sec. 2441. Examination of application

-STATUTE-

The Secretary shall cause an examination to be made of the

application and if on such examination it is determined that the

applicant is entitled to plant variety protection under the law,

the Secretary shall issue a notice of allowance of plant variety

protection therefor as hereinafter provided.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 61, Dec. 24, 1970, 84 Stat. 1549.)

-CITE-

7 USC Sec. 2442 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part F - Examinations; Response Time; Initial Appeals

-HEAD-

Sec. 2442. Notice of refusal; reconsideration

-STATUTE-

(a) Whenever an application is refused, or any objection or

requirement made by the examiner, the Secretary shall notify the

applicant thereof, stating the reasons therefor, together with such

information and references as may be useful in judging the

propriety of continuing the prosecution of the application; and if

after receiving such notice the applicant requests reconsideration,

with or without amendment, the application shall be reconsidered.

(b) For taking appropriate action after the mailing to an

applicant of an action other than allowance, the applicant shall be

allowed at least 30 days, and not more than 180 days, or such other

time as the Secretary shall set in the refusal, or such time as the

Secretary may allow as an extension. Without such extension,

action may be taken up to three months late by paying an additional

fee to be prescribed by the Secretary.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 62, Dec. 24, 1970, 84 Stat. 1549;

Pub. L. 103-349, Sec. 6, 13(j), Oct. 6, 1994, 108 Stat. 3140,

3143.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-349 in first sentence substituted

''mailing to an applicant'' for ''mailing to him'', ''the applicant

shall'' for ''an applicant shall'', ''at least 30 days, and not

more than 180 days'' for ''six months'', ''the Secretary shall''

for ''the Secretary in exceptional circumstances shall'', and ''as

the Secretary may'' for ''as he may''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Sec. 2443 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part F - Examinations; Response Time; Initial Appeals

-HEAD-

Sec. 2443. Initial appeal

-STATUTE-

When an application for plant variety protection has been refused

by the Plant Variety Protection Office, the applicant may appeal to

the Secretary. The Secretary shall seek the advice of the Plant

Variety Protection Board on all appeals, before deciding the

appeal.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 63, Dec. 24, 1970, 84 Stat. 1550.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2461, 2462 of this title.

-CITE-

7 USC Part G - Appeals to Courts and Other Review 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part G - Appeals to Courts and Other Review

.

-HEAD-

Part G - Appeals to Courts and Other Review

-CITE-

7 USC Sec. 2461 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part G - Appeals to Courts and Other Review

-HEAD-

Sec. 2461. Appeals

-STATUTE-

From the decisions made under sections 2404, 2443, 2501, and 2568

of this title appeal may, within sixty days or such further times

as the Secretary allows, be taken under the Federal Rules of

Appellate Procedure. The United States Court of Appeals for the

Federal Circuit shall have jurisdiction of any such appeal.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 71, Dec. 24, 1970, 84 Stat. 1550;

Pub. L. 97-164, title I, Sec. 145, Apr. 2, 1982, 96 Stat. 45; Pub.

L. 103-349, Sec. 8(d)(1), Oct. 6, 1994, 108 Stat. 3141.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-349 struck out ''2502,'' after ''2501,''.

1982 - Pub. L. 97-164 substituted ''The United States Court of

Appeals for the Federal Circuit shall have jurisdiction of any such

appeal'' for ''The Court of Customs and Patent Appeals and United

States Courts of Appeals shall have jurisdiction, with venue in the

case of the latter as stated in section 2343 of title 28''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2404, 2568 of this title;

title 28 section 1295.

-CITE-

7 USC Sec. 2462 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part G - Appeals to Courts and Other Review

-HEAD-

Sec. 2462. Civil action against Secretary

-STATUTE-

An applicant dissatisfied with a decision under section 2443 or

2501 of this title, may, as an alternative to appeal, have remedy

by civil action against the Secretary in the United States District

Court for the District of Columbia. Such action shall be commenced

within sixty days after such decision or within such further time

as the Secretary allows. The court may, in the case of review of a

decision by the Secretary refusing plant variety protection,

adjudge that such applicant is entitled to receive a certificate of

plant variety protection for the variety as specified in the

application as the facts of the case may appear, on compliance with

the requirements of this chapter.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 72, Dec. 24, 1970, 84 Stat. 1550;

Pub. L. 103-349, Sec. 13(k), Oct. 6, 1994, 108 Stat. 3143.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-349, which directed that the second sentence

be amended by substituting ''the variety as specified in the

application'' for ''his variety as specified in his application'',

was executed by making the substitution in the third sentence, to

reflect the probable intent of Congress.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2404 of this title.

-CITE-

7 USC Sec. 2463 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part G - Appeals to Courts and Other Review

-HEAD-

Sec. 2463. Repealed. Pub. L. 103-349, Sec. 8(c)(2), Oct. 6, 1994,

108 Stat. 3141

-MISC1-

Section, Pub. L. 91-577, title II, Sec. 73, Dec. 24, 1970, 84

Stat. 1550; Pub. L. 103-349, Sec. 8(c)(1), Oct. 6, 1994, 108 Stat.

3140, related to appeal or civil action in contested cases. Prior

to repeal, subsec. (b) of this section was transferred to section

2504 of this title by Pub. L. 103-349, Sec. 8(c)(1), Oct. 6, 1994,

108 Stat. 3140.

EFFECTIVE DATE OF REPEAL

Repeal effective 180 days after Oct. 6, 1994, see section 15 of

Pub. L. 103-349, set out as an Effective Date of 1994 Amendment

note under section 2401 of this title.

-CITE-

7 USC Part H - Certificates of Plant Variety Protection 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part H - Certificates of Plant Variety Protection

.

-HEAD-

Part H - Certificates of Plant Variety Protection

-CITE-

7 USC Sec. 2481 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part H - Certificates of Plant Variety Protection

-HEAD-

Sec. 2481. Plant variety protection

-STATUTE-

(a) If it appears that a certificate of plant variety protection

should be issued on an application, a written notice of allowance

shall be given or mailed to the owner. The notice shall specify

the sum, constituting the issue fee, which shall be paid within one

month thereafter.

(b) Upon timely payment of this sum, and provided that deposit of

seed has been made in accordance with section 2422(3) (FOOTNOTE 1)

of this title, the certificate of plant variety protection shall

issue.

(FOOTNOTE 1) See References in Text note below.

(c) If any payment required by this section is not timely made,

but is submitted with an additional fee prescribed by the Secretary

within nine months after the due date or within such further time

as the Secretary may allow, it shall be accepted.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 81, Dec. 24, 1970, 84 Stat. 1551.)

-REFTEXT-

REFERENCES IN TEXT

Section 2422(3) of this title, referred to in subsec. (b), was

redesignated section 2422(4) of this title by Pub. L. 103-349, Sec.

4, Oct. 6, 1994, 108 Stat. 3139.

-CITE-

7 USC Sec. 2482 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part H - Certificates of Plant Variety Protection

-HEAD-

Sec. 2482. How issued

-STATUTE-

A certificate of plant variety protection shall be issued in the

name of the United States of America under the seal of the Plant

Variety Protection Office, and shall be signed by the Secretary or

have the signature of the Secretary placed thereon, and shall be

recorded in the Plant Variety Protection Office.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 82, Dec. 24, 1970, 84 Stat. 1551;

Pub. L. 103-349, Sec. 13(l), Oct. 6, 1994, 108 Stat. 3143.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-349 substituted ''the signature of the

Secretary'' for ''his signature''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Sec. 2483 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part H - Certificates of Plant Variety Protection

-HEAD-

Sec. 2483. Contents and term of plant variety protection

-STATUTE-

(a) Certificate

(1) Every certificate of plant variety protection shall certify

that the breeder (or the successor in interest of the breeder),

(FOOTNOTE 1) has the right, during the term of the plant variety

protection, to exclude others from selling the variety, or offering

it for sale, or reproducing it, or importing it, or exporting it,

or using it in producing (as distinguished from developing) a

hybrid or different variety therefrom, to the extent provided by

this chapter.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

(2) If the owner so elects, the certificate shall -

(A) specify that seed of the variety shall be sold in the

United States only as a class of certified seed; and

(B) if so specified, conform to the number of generations

designated by the owner.

(3) An owner may waive a right provided under this subsection,

other than a right that is elected by the owner under paragraph

(2)(A).

(4) The Secretary may at the discretion of the Secretary permit

such election or waiver to be made after certificating and amend

the certificate accordingly, without retroactive effect.

(b) Term

(1) In general

Except as provided in paragraph (2), the term of plant variety

protection shall expire 20 years from the date of issue of the

certificate in the United States, except that -

(A) in the case of a tuber propagated plant variety subject

to a waiver granted under section 2402(a)(1)(B)(i) of this

title, the term of the plant variety protection shall expire 20

years after the date of the original grant of the plant

breeder's rights to the variety outside the United States; and

(B) in the case of a tree or vine, the term of the plant

variety protection shall expire 25 years from the date of issue

of the certificate.

(2) Exceptions

If the certificate is not issued within three years from the

effective filing date, the Secretary may shorten the term by the

amount of delay in the prosecution of the application attributed

by the Secretary to the applicant.

(c) Expiration upon failure to comply with regulations; notice

The term of plant variety protection shall also expire if the

owner fails to comply with regulations, in force at the time of

certificating, relating to replenishing seed in a public

repository, or requiring the submission of a different name for the

variety, except that this expiration shall not occur unless notice

is mailed to the last owner recorded as provided in section 2531(d)

of this title and the last owner fails, within the time allowed

thereafter, not less than three months, to comply with said

regulations, paying an additional fee to be prescribed by the

Secretary.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 83, Dec. 24, 1970, 84 Stat. 1551;

Pub. L. 96-574, Sec. 14, Dec. 22, 1980, 94 Stat. 3350; Pub. L.

103-349, Sec. 7, 13(m), Oct. 6, 1994, 108 Stat. 3140, 3143; Pub. L.

104-127, title IX, Sec. 913(b), Apr. 4, 1996, 110 Stat. 1186.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-127, Sec. 913(b)(1), (2),

inserted heading, designated first sentence as par. (1), inserted

par. heading, substituted ''Except as provided in paragraph (2),

the term'' for ''The term'', designated second sentence as par.

(2), and inserted par. heading.

Subsec. (b)(1). Pub. L. 104-127, Sec. 913(b)(3), which directed

the amendment of par. (2) by striking out ''except that, in the

case'' and inserting ''except that - '', subpar. (A), and ''(B) in

the case'', was executed to par. (1) to reflect the probable intent

of Congress.

1994 - Subsec. (a). Pub. L. 103-349, Sec. 7(1)(A), designated

first through fourth sentences as pars. (1) to (4), respectively.

Subsec. (a)(1). Pub. L. 103-349, Sec. 13(m)(1)(A), which directed

the substitution of ''(or the successor in interest of the

breeder)'' for ''(or his successor in interest) his heirs and

assignees'', was executed by making the substitution for ''(or his

successor in interest) his heirs or assignees'', to reflect the

probable intent of Congress.

Subsec. (a)(2), (3). Pub. L. 103-349, Sec. 7(1)(B), added pars.

(2) and (3) and struck out former pars. (2) and (3) which read as

follows:

''(2) If the owner so elects, the certificate shall also specify

that in the United States, seed of the variety shall be sold by

variety name only as a class of certified seed and, if specified,

shall also conform to the number of generations designated by the

owner.

''(3) Any rights, or all rights except those elected under the

preceding sentence, may be waived; and the certificate shall

conform to such waiver.''

Subsec. (a)(4). Pub. L. 103-349, Sec. 13(m)(1)(B), substituted

''the discretion of the Secretary'' for ''his discretion''.

Subsec. (b). Pub. L. 103-349, Sec. 7(2), in first sentence

substituted ''20 years'' for ''eighteen years'' and inserted before

period at end '', except that, in the case of a tree or vine, the

term of the plant variety protection shall expire 25 years from the

date of issue of the certificate''.

Subsec. (c). Pub. L. 103-349, Sec. 7(3), 13(m)(2), substituted

''repository, or requiring the submission of a different name for

the variety, except that'' for ''repository: Provided, however,

That'' and ''the last owner'' for ''he'' before ''fails''.

1980 - Subsec. (b). Pub. L. 96-574 substituted ''eighteen'' for

''seventeen''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Sec. 2484 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part H - Certificates of Plant Variety Protection

-HEAD-

Sec. 2484. Correction of Plant Variety Protection Office mistake

-STATUTE-

Whenever a mistake in a certificate of plant variety protection

incurred through the fault of the Plant Variety Protection Office

is clearly disclosed by the records of the Office, the Secretary

may issue, without charge, a corrected certificate of plant variety

protection, stating the fact and nature of such mistake. Such

certificate of plant variety protection shall have the same effect

and operation in law as if the same had been originally issued in

such corrected form.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 84, Dec. 24, 1970, 84 Stat. 1552;

Pub. L. 96-574, Sec. 15, Dec. 22, 1980, 94 Stat. 3350.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-574 substituted provisions relating to

correction of Plant Variety Protection Office mistake for

provisions relating to certificate of correction of Plant Variety

Protection Office mistake.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2485 of this title.

-CITE-

7 USC Sec. 2485 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part H - Certificates of Plant Variety Protection

-HEAD-

Sec. 2485. Correction of applicant's mistake

-STATUTE-

Whenever a mistake of a clerical or typographical nature, or of

minor character, or in the description of the variety, which was

not the fault of the Plant Variety Protection Office, appears in a

certificate of plant variety protection and a showing has been made

that such mistake occurred in good faith, the Secretary may, upon

payment of the required fee, issue a corrected certificate if the

correction could have been made before the certificate issued.

Such certificate of plant variety protection shall have the same

effect and operation in law as if the same had been originally

issued in such corrected form.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 85, Dec. 24, 1970, 84 Stat. 1552;

Pub. L. 96-574, Sec. 16, Dec. 22, 1980, 94 Stat. 3351.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-574 struck out applicability of section 2484 of

this title to manner and form of certificate, and reference to

trials of actions thereafter arising with respect to effect and

operation in law of certificate.

-CITE-

7 USC Sec. 2486 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part H - Certificates of Plant Variety Protection

-HEAD-

Sec. 2486. Correction of named breeder

-STATUTE-

An error as to the naming of a breeder in the application,

without deceptive intent, shall not affect validity of plant

variety protection and may be corrected at any time by the

Secretary in accordance with regulations established by the

Secretary or upon order of a federal court before which the matter

is called in question. Upon such correction the Secretary shall

issue a certificate accordingly. Such correction shall not deprive

any person of any rights the person otherwise would have had.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 86, Dec. 24, 1970, 84 Stat. 1552;

Pub. L. 103-349, Sec. 13(n), Oct. 6, 1994, 108 Stat. 3143.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-349 substituted ''the Secretary'' for ''him''

in first sentence and ''the person'' for ''he'' in third sentence.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Part I - Reexamination After Issue, and Contested

Proceedings 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part I - Reexamination After Issue, and Contested Proceedings

.

-HEAD-

Part I - Reexamination After Issue, and Contested Proceedings

-CITE-

7 USC Sec. 2501 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part I - Reexamination After Issue, and Contested Proceedings

-HEAD-

Sec. 2501. Reexamination after issue

-STATUTE-

(a) Any person may, within five years after the issuance of a

certificate of plant variety protection, notify the Secretary in

writing of facts which may have a bearing on the protectability of

the variety, and the Secretary may cause such plant variety

protection to be reexamined in the light thereof.

(b) Reexamination of plant variety protection under this section

and appeals shall be pursuant to the same procedures and with the

same rights as for original examinations. Abandonment of the

procedure while subject to a ruling against the retention of the

certificate shall result in cancellation of the plant variety

certificate thereon and notice thereof shall be endorsed on copies

of the description of the protected plant variety thereafter

distributed by the Plant Variety Protection Office.

(c) If a person acting under subsection (a) of this section makes

a prima facie showing of facts needing proof, the Secretary may

direct that the reexamination include such interparty proceedings

as the Secretary shall establish.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 91, Dec. 24, 1970, 84 Stat. 1552;

Pub. L. 96-574, Sec. 17, Dec. 22, 1980, 94 Stat. 3351; Pub. L.

103-349, Sec. 13(o), Oct. 6, 1994, 108 Stat. 3144.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-349 substituted ''the Secretary''

for ''he''.

1980 - Subsec. (b). Pub. L. 96-574 substituted ''description''

for ''specification''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2461, 2462 of this title.

-CITE-

7 USC Sec. 2502, 2503 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part I - Reexamination After Issue, and Contested Proceedings

-HEAD-

Sec. 2502, 2503. Repealed. Pub. L. 103-349, Sec. 8(a), Oct. 6,

1994, 108 Stat. 3140

-MISC1-

Section 2502, Pub. L. 91-577, title II, Sec. 92, Dec. 24, 1970,

84 Stat. 1553, related to priority contest.

Section 2503, Pub. L. 91-577, title II, Sec. 93, Dec. 24, 1970,

84 Stat. 1553; Pub. L. 96-574, Sec. 18, Dec. 22, 1980, 94 Stat.

3351, related to effect of adverse final judgment or of nonaction.

EFFECTIVE DATE OF REPEAL

Repeal effective 180 days after Oct. 6, 1994, see section 15 of

Pub. L. 103-349, set out as an Effective Date of 1994 Amendment

note under section 2401 of this title.

-CITE-

7 USC Sec. 2504 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES

OF PROTECTION

Part I - Reexamination After Issue, and Contested Proceedings

-HEAD-

Sec. 2504. Interfering plant variety protection

-STATUTE-

(a) The owner of a certificate of plant variety protection may

have relief against another owner of a certificate of the same

variety by civil action, and the court may adjudge the question of

validity of the respective certificates, or the ownership of the

certificate.

(b) Such suit may be instituted against the party in interest as

shown by the record of the Plant Variety Protection Office at the

time of the decision complained of, but any party in interest may

become a party to the action. If there be adverse parties residing

in a plurality of districts not embraced within the same State, or

an adverse party residing in a foreign country, the United States

District Court for the District of Columbia, or any United States

district court to which it may transfer the case, shall have

jurisdiction and may issue summons against the adverse parties

directed to the marshall of any district in which any adverse party

resides. Summons against adverse parties residing in foreign

countries may be served by publication or otherwise as the court

directs. The Secretary shall not be made a party but the Secretary

shall have the right to intervene. Judgment of the court in favor

of the right of an applicant to plant variety protection shall

authorize the Secretary to issue a certificate of plant variety

protection on the filing in the Plant Variety Protection Office of

a certified copy of the judgment and on compliance with the

requirements of this chapter.

-SOURCE-

(Pub. L. 91-577, title II, Sec. 92, formerly Sec. 94, Dec. 24,

1970, 84 Stat. 1553; renumbered Sec. 92 and amended Pub. L.

103-349, Sec. 8(b), (c)(1), 13(p), Oct. 6, 1994, 108 Stat. 3140,

3144.)

-COD-

CODIFICATION

The text of subsec. (b) of section 2463 of this title, which was

transferred to subsec. (b) of this section by Pub. L. 103-349, Sec.

8(c)(1), was based on section 73(b) of Pub. L. 91-577, title II,

Dec. 24, 1970, 84 Stat. 1550.

-MISC3-

PRIOR PROVISIONS

A prior section 92 of Pub. L. 91-577 was classified to section

2502 of this title prior to repeal by Pub. L. 103-349.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-349, Sec. 8(b)(2), designated

existing provisions as subsec. (a) and struck out at end ''The

provisions of section 2463(b) of this title shall apply to actions

brought under this section.''

Subsec. (b). Pub. L. 103-349, Sec. 8(c)(1), 13(p), transferred

subsec. (b) of section 2463 of this title to subsec. (b) of this

section, and substituted ''the Secretary'' for ''he'' before

''shall have'' in fourth sentence. See Codification note above.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC SUBCHAPTER III - PLANT VARIETY PROTECTION AND

RIGHTS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

.

-HEAD-

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

-CITE-

7 USC Part J - Ownership and Assignment 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part J - Ownership and Assignment

.

-HEAD-

Part J - Ownership and Assignment

-CITE-

7 USC Sec. 2531 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part J - Ownership and Assignment

-HEAD-

Sec. 2531. Ownership and assignment

-STATUTE-

(a) Subject to the provisions of this subchapter, plant variety

protection shall have the attributes of personal property.

(b) Applications for certificates of plant variety protection, or

any interest in a variety, shall be assignable by an instrument in

writing. The owner may in like manner license or grant and convey

an exclusive right to use of the variety in the whole or any

specified part of the United States.

(c) A certificate of acknowledgment under the hand and official

seal of a person authorized to administer oaths within the United

States, or in a foreign country, of a diplomatic or consular

officer of the United States or an officer authorized to administer

oaths whose authority is proved by a certificate of a diplomatic or

consular officer of the United States, shall be prima facie

evidence of the execution of an assignment, grant, license, or

conveyance of plant variety protection or application for plant

variety protection.

(d) An assignment, grant, conveyance or license shall be void as

against any subsequent purchaser or mortgagee for a valuable

consideration, without notice, unless it, or an acknowledgment

thereof by the person giving such encumbrance that there is such

encumbrance, is filed for recording in the Plant Variety Protection

Office within one month from its date or at least one month prior

to the date of such subsequent purchase or mortgage.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 101, Dec. 24, 1970, 84 Stat.

1554.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2483 of this title.

-CITE-

7 USC Sec. 2532 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part J - Ownership and Assignment

-HEAD-

Sec. 2532. Ownership during testing

-STATUTE-

An owner who, with notice that release is for testing only,

releases possession of seed or other sexually reproducible or tuber

propagable plant material for testing retains ownership with

respect thereto; and any diversion from authorized testing, or any

unauthorized retention, of such material by anyone who has

knowledge that it is under such notice, or who is chargeable with

notice, is prohibited, and violates the property rights of the

owner. Anyone receiving the material tagged or labeled with the

notice is chargeable with the notice. The owner is entitled to

remedy and redress in a civil action hereunder. No remedy

available by State or local law is hereby excluded. No such notice

shall be used, or if used be effective, when the owner has made

identical sexually reproducible or tuber propagable plant material

available to the public, as by sale thereof.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 102, Dec. 24, 1970, 84 Stat. 1554;

Pub. L. 103-349, Sec. 8(d)(2), Oct. 6, 1994, 108 Stat. 3141.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-349 inserted ''or tuber propagable'' after

''sexually reproducible'' in two places.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Part K - Infringement of Plant Variety Protection 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part K - Infringement of Plant Variety Protection

.

-HEAD-

Part K - Infringement of Plant Variety Protection

-CITE-

7 USC Sec. 2541 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part K - Infringement of Plant Variety Protection

-HEAD-

Sec. 2541. Infringement of plant variety protection

-STATUTE-

(a) Acts constituting infringement

Except as otherwise provided in this subchapter, it shall be an

infringement of the rights of the owner of a protected variety to

perform without authority, any of the following acts in the United

States, or in commerce which can be regulated by Congress or

affecting such commerce, prior to expiration of the right to plant

variety protection but after either the issue of the certificate or

the distribution of a protected plant variety with the notice under

section 2567 of this title:

(1) sell or market the protected variety, or offer it or expose

it for sale, deliver it, ship it, consign it, exchange it, or

solicit an offer to buy it, or any other transfer of title or

possession of it;

(2) import the variety into, or export it from, the United

States;

(3) sexually multiply, or propagate by a tuber or a part of a

tuber, the variety as a step in marketing (for growing purposes)

the variety;

(4) use the variety in producing (as distinguished from

developing) a hybrid or different variety therefrom;

(5) use seed which had been marked ''Unauthorized Propagation

Prohibited'' or ''Unauthorized Seed Multiplication Prohibited''

or progeny thereof to propagate the variety;

(6) dispense the variety to another, in a form which can be

propagated, without notice as to being a protected variety under

which it was received;

(7) condition the variety for the purpose of propagation,

except to the extent that the conditioning is related to the

activities permitted under section 2543 of this title;

(8) stock the variety for any of the purposes referred to in

paragraphs (1) through (7);

(9) perform any of the foregoing acts even in instances in

which the variety is multiplied other than sexually, except in

pursuance of a valid United States plant patent; or

(10) instigate or actively induce performance of any of the

foregoing acts.

(b) Uses authorized by owner

(1) Subject to paragraph (2), the owner of a protected variety

may authorize the use of the variety under this section subject to

conditions and limitations specified by the owner.

(2) In the case of a contract between a seed producer and the

owner of a protected variety of lawn, turf, or forage grass seed,

or alfalfa or clover seed for the production of seed of the

protected variety, the producer shall be deemed to be authorized by

the owner to sell such seed and to use the variety if -

(A) the producer has fulfilled the terms of the contract;

(B) the owner refuses to take delivery of the seed or refuses

to pay any amounts due under the contract within 30 days of the

payment date specified in the contract; and

(C) after the expiration of the period specified in

subparagraph (B), the producer notifies the owner of the

producer's intent to sell the seed and unless the owner fails to

pay the amounts due under the contract and take delivery of the

seed within 30 days of such notification. For the purposes of

this paragraph, the term ''owner'' shall include any licensee of

the owner.

(3) Paragraph (2) shall apply to contracts entered into with

respect to plant varieties protected under this chapter as in

effect on the day before the effective date of this provision as

well as plant varieties protected under this chapter as amended by

the Plant Variety Protection Act Amendments of 1994.

(4) Nothing in this subsection shall affect any other rights or

remedies of producers or owners that may exist under other Federal

or State laws.

(c) Applicability to certain plant varieties

This section shall apply equally to -

(1) any variety that is essentially derived from a protected

variety, unless the protected variety is an essentially derived

variety;

(2) any variety that is not clearly distinguishable from a

protected variety;

(3) any variety whose production requires the repeated use of a

protected variety; and

(4) harvested material (including entire plants and parts of

plants) obtained through the unauthorized use of propagating

material of a protected variety, unless the owner of the variety

has had a reasonable opportunity to exercise the rights provided

under this chapter with respect to the propagating material.

(d) Acts not considered infringing

It shall not be an infringement of the rights of the owner of a

variety to perform any act concerning propagating material of any

kind, or harvested material, including entire plants and parts of

plants, of a protected variety that is sold or otherwise marketed

with the consent of the owner in the United States, unless the act

involves further propagation of the variety or involves an export

of material of the variety, that enables the propagation of the

variety, into a country that does not protect varieties of the

plant genus or species to which the variety belongs, unless the

exported material is for final consumption purposes.

(e) Private noncommercial uses

It shall not be an infringement of the rights of the owner of a

variety to perform any act done privately and for noncommercial

purposes.

(f) ''Perform without authority'' defined

As used in this section, the term ''perform without authority''

includes performance without authority by any State, any

instrumentality of a State, and any officer or employee of a State

or instrumentality of a State acting in the official capacity of

the officer or employee. Any State, and any such instrumentality,

officer, or employee, shall be subject to the provisions of this

chapter in the same manner and to the same extent as any

nongovernmental entity.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 111, Dec. 24, 1970, 84 Stat. 1554;

Pub. L. 96-574, Sec. 19(a), Dec. 22, 1980, 94 Stat. 3351; Pub. L.

102-560, Sec. 3(a), Oct. 28, 1992, 106 Stat. 4231; Pub. L. 103-349,

Sec. 9, 13(q), Oct. 6, 1994, 108 Stat. 3141, 3144.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this provision, referred to in subsec.

(b)(3), probably means the effective date of subsec. (b)(3), which

was added by Pub. L. 103-349, effective 180 days after Oct. 6,

1994. See Effective Date of 1994 Amendment note set out under

section 2401 of this title.

The Plant Variety Protection Act Amendments of 1994, referred to

in subsec. (b)(3), is Pub. L. 103-349, Oct. 6, 1994, 108 Stat.

3136. For complete classification of this Act to the Code, see

Short Title of 1994 Amendment note set out under section 2321 of

this title and Tables.

-MISC2-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-349, Sec. 9(1)(A), substituted

''protected'' for ''novel'' in two places in introductory

provisions.

Subsec. (a)(1). Pub. L. 103-349, Sec. 9(1)(B), substituted ''or

market the protected'' for ''the novel''.

Subsec. (a)(2). Pub. L. 103-349, Sec. 9(1)(C), struck out

''novel'' before ''variety''.

Subsec. (a)(3). Pub. L. 103-349, Sec. 9(1)(C)-(E), inserted '',

or propagate by a tuber or a part of a tuber,'' after ''multiply'',

struck out ''novel'' before ''variety'', and struck out ''or'' at

end.

Subsec. (a)(4) to (6). Pub. L. 103-349, Sec. 9(1)(C), (E), struck

out ''novel'' before ''variety'' and struck out ''or'' at end.

Subsec. (a)(7). Pub. L. 103-349, Sec. 9(1)(G), added par. (7).

Former par. (7) redesignated (9).

Pub. L. 103-349, Sec. 9(1)(C), struck out ''novel'' before

''variety''.

Subsec. (a)(8). Pub. L. 103-349, Sec. 9(1)(G), added par. (8).

Former par. (8) redesignated (10).

Subsec. (a)(9), (10). Pub. L. 103-349, Sec. 9(1)(F), redesignated

pars. (7) and (8) as (9) and (10), respectively.

Subsecs. (b) to (e). Pub. L. 103-349, Sec. 9(3), added subsecs.

(b) to (e). Former subsec. (b) redesignated (f).

Subsec. (f). Pub. L. 103-349, Sec. 9(2), 13(q), redesignated

subsec. (b) as (f) and in first sentence substituted ''the official

capacity of the officer or employee'' for ''his official

capacity''.

1992 - Pub. L. 102-560 designated existing provisions as subsec.

(a) and added subsec. (b).

1980 - Par. (5). Pub. L. 96-574 substituted '' 'Unauthorized

Propagation Prohibited' or 'Unauthorized Seed Multiplication

Prohibited' '' for '' 'propagation prohibited' ''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 4 of Pub. L. 102-560 provided that: ''The amendments made

by this Act (enacting section 2570 of this title and section 296 of

Title 35, Patents, and amending this section and section 271 of

Title 35) shall take effect with respect to violations that occur

on or after the date of the enactment of this Act (Oct. 28,

1992).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2543, 2561, 2570 of this

title.

-CITE-

7 USC Sec. 2542 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part K - Infringement of Plant Variety Protection

-HEAD-

Sec. 2542. Grandfather clause

-STATUTE-

Nothing in this chapter shall abridge the right of any person, or

the successor in interest of the person, to reproduce or sell a

variety developed and produced by such person more than one year

prior to the effective filing date of an adverse application for a

certificate of plant variety protection.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 112, Dec. 24, 1970, 84 Stat. 1555;

Pub. L. 103-349, Sec. 13(r), Oct. 6, 1994, 108 Stat. 3144.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-349 substituted ''the successor in interest of

the person'' for ''his successor in interest''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Sec. 2543 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part K - Infringement of Plant Variety Protection

-HEAD-

Sec. 2543. Right to save seed; crop exemption

-STATUTE-

Except to the extent that such action may constitute an

infringement under subsections (3) and (4) of section 2541

(FOOTNOTE 1) of this title, it shall not infringe any right

hereunder for a person to save seed produced by the person from

seed obtained, or descended from seed obtained, by authority of the

owner of the variety for seeding purposes and use such saved seed

in the production of a crop for use on the farm of the person, or

for sale as provided in this section. A bona fide sale for other

than reproductive purposes, made in channels usual for such other

purposes, of seed produced on a farm either from seed obtained by

authority of the owner for seeding purposes or from seed produced

by descent on such farm from seed obtained by authority of the

owner for seeding purposes shall not constitute an infringement. A

purchaser who diverts seed from such channels to seeding purposes

shall be deemed to have notice under section 2567 of this title

that the actions of the purchaser constitute an infringement.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 113, Dec. 24, 1970, 84 Stat. 1555;

Pub. L. 103-349, Sec. 10, 13(s), Oct. 6, 1994, 108 Stat. 3142,

3144.)

-REFTEXT-

REFERENCES IN TEXT

Subsections (3) and (4) of section 2541 of this title, referred

to in text, probably means paragraphs (3) and (4) of section 2541

of this title, which were redesignated subsection (a)(3) and (4) of

section 2541 of this title by Pub. L. 102-560, Sec. 3(a), Oct. 28,

1992, 106 Stat. 4231.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-349, Sec. 10, 13(s)(1), in first sentence

substituted ''produced by the person'' for ''produced by him'',

''the farm of the person'' for ''his farm'', and ''section.'' for

''section: Provided, That without regard to the provisions of

section 2541(3) of this title it shall not infringe any right

hereunder for a person, whose primary farming occupation is the

growing of crops for sale for other than reproductive purposes, to

sell such saved seed to other persons so engaged, for reproductive

purposes, provided such sale is in compliance with such State laws

governing the sale of seed as may be applicable.''

Pub. L. 103-349, Sec. 13(s)(2), substituted ''the actions of the

purchaser'' for ''his actions'' in third sentence.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2541 of this title.

-CITE-

7 USC Sec. 2544 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part K - Infringement of Plant Variety Protection

-HEAD-

Sec. 2544. Research exemption

-STATUTE-

The use and reproduction of a protected variety for plant

breeding or other bona fide research shall not constitute an

infringement of the protection provided under this chapter.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 114, Dec. 24, 1970, 84 Stat.

1555.)

-CITE-

7 USC Sec. 2545 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part K - Infringement of Plant Variety Protection

-HEAD-

Sec. 2545. Intermediary exemption

-STATUTE-

Transportation or delivery by a carrier in the ordinary course of

its business as a carrier, or advertising by a person in the

advertising business in the ordinary course of that business, shall

not constitute an infringement of the protection provided under

this chapter.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 115, Dec. 24, 1970, 84 Stat.

1555.)

-CITE-

7 USC Part L - Remedies for Infringement of Plant

Variety Protection, and Other Actions 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part L - Remedies for Infringement of Plant Variety Protection, and

Other Actions

.

-HEAD-

Part L - Remedies for Infringement of Plant Variety Protection, and

Other Actions

-CITE-

7 USC Sec. 2561 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part L - Remedies for Infringement of Plant Variety Protection, and

Other Actions

-HEAD-

Sec. 2561. Remedy for infringement of plant variety protection

-STATUTE-

An owner shall have remedy by civil action for infringement of

plant variety protection under section 2541 of this title. If a

variety is sold under the name of a variety shown in a certificate,

there is a prima facie presumption that it is the same variety.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 121, Dec. 24, 1970, 84 Stat. 1556;

Pub. L. 103-349, Sec. 13(t), Oct. 6, 1994, 108 Stat. 3144.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-349 struck out ''his'' before ''plant'' in

first sentence.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Sec. 2562 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part L - Remedies for Infringement of Plant Variety Protection, and

Other Actions

-HEAD-

Sec. 2562. Presumption of validity; defenses

-STATUTE-

(a) Certificates of plant variety protection shall be presumed

valid. The burden of establishing invalidity of a plant variety

protection shall rest on the party asserting invalidity.

(b) The following shall be defenses in any action charging

infringement and shall be pleaded: (1) noninfringement, absence of

liability for infringement, or unenforceability; (2) invalidity of

the plant variety protection in suit on any ground specified in

section 2402 of this title as a condition for protectability; (3)

invalidity of the plant variety protection in suit for failure to

comply with any requirement of section 2422 of this title; (4) that

the asserted infringement was performed under an existing

certificate adverse to that asserted and prior to notice of the

infringement; and (5) any other fact or act made a defense by this

chapter.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 122, Dec. 24, 1970, 84 Stat.

1556.)

-CITE-

7 USC Sec. 2563 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part L - Remedies for Infringement of Plant Variety Protection, and

Other Actions

-HEAD-

Sec. 2563. Injunction

-STATUTE-

The several courts having jurisdiction of cases under this

subchapter may grant injunctions in accordance with the principles

of equity to prevent the violation of any right hereunder on such

terms as the court deems reasonable.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 123, Dec. 24, 1970, 84 Stat.

1556.)

-CITE-

7 USC Sec. 2564 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part L - Remedies for Infringement of Plant Variety Protection, and

Other Actions

-HEAD-

Sec. 2564. Damages

-STATUTE-

(a) Upon finding an infringement the court shall award damages

adequate to compensate for the infringement but in no event less

than a reasonable royalty for the use made of the variety by the

infringer, together with interest and costs as fixed by the court.

(b) When the damages are not determined by the jury, the court

shall determine them. In either event the court may increase the

damages up to three times the amount determined.

(c) The court may receive expert testimony as an aid to the

determination of damages or of what royalty would be reasonable

under the circumstances.

(d) As to infringement prior to, or resulting from a planting

prior to, issuance of a certificate for the infringed variety, a

court finding the infringer to have established innocent

intentions, shall have discretion as to awarding damages.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 124, Dec. 24, 1970, 84 Stat.

1556.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2570 of this title.

-CITE-

7 USC Sec. 2565 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part L - Remedies for Infringement of Plant Variety Protection, and

Other Actions

-HEAD-

Sec. 2565. Attorney fees

-STATUTE-

The court in exceptional cases may award reasonable attorney fees

to the prevailing party.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 125, Dec. 24, 1970, 84 Stat.

1556.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2570 of this title.

-CITE-

7 USC Sec. 2566 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part L - Remedies for Infringement of Plant Variety Protection, and

Other Actions

-HEAD-

Sec. 2566. Time limitation on damages

-STATUTE-

(a) No recovery shall be had for that part of any infringement

committed more than six years (or known to the owner more than one

year) prior to the filing of the complaint or counterclaim for

infringement in the action.

(b) In the case of claims against the United States Government

for unauthorized use of a protected variety, the period between the

date of receipt of written claim for compensation by the department

or agency of the Government having authority to settle such claim,

and the date of mailing by the Government of a notice to the

claimant that the claim has been denied shall not be counted as

part of the period referred to in the preceding paragraph.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 126, Dec. 24, 1970, 84 Stat. 1556;

Pub. L. 103-349, Sec. 13(u), Oct. 6, 1994, 108 Stat. 3144.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-349 substituted ''the'' for

''his'' before ''claim has been denied''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-CITE-

7 USC Sec. 2567 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part L - Remedies for Infringement of Plant Variety Protection, and

Other Actions

-HEAD-

Sec. 2567. Limitation of damages; marking and notice

-STATUTE-

Owners may give notice to the public by physically associating

with or affixing to the container of seed of a variety or by fixing

to the variety, a label containing either the words ''Unauthorized

Propagation Prohibited'' or the words ''Unauthorized Seed

Multiplication Prohibited'' and after the certificate issues, such

additional words as ''U.S. Protected Variety''. In the event the

variety is distributed by authorization of the owner and is

received by the infringer without such marking, no damages shall be

recovered against such infringer by the owner in any action for

infringement, unless the infringer has actual notice of knowledge

that propagation is prohibited or that the variety is a protected

variety, in which event damages may be recovered only for

infringement occurring after such notice. As to both damages and

injunction, a court shall have discretion to be lenient as to

disposal of materials acquired in good faith by acts prior to such

notice.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 127, Dec. 24, 1970, 84 Stat. 1557;

Pub. L. 96-574, Sec. 19(b), Dec. 22, 1980, 94 Stat. 3351; Pub. L.

103-349, Sec. 11, Oct. 6, 1994, 108 Stat. 3142.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-349 in first sentence struck out ''novel''

before ''variety or'' and before ''variety, a'', and in second

sentence struck out ''novel'' before ''variety is distributed''.

1980 - Pub. L. 96-574 substituted ''either the words

'Unauthorized Propagation Prohibited' or the words 'Unauthorized

Seed Multiplication Prohibited' '' for ''the words 'Propagation

Prohibited' ''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2541, 2543 of this title.

-CITE-

7 USC Sec. 2568 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part L - Remedies for Infringement of Plant Variety Protection, and

Other Actions

-HEAD-

Sec. 2568. False marking; cease and desist orders

-STATUTE-

(a) Each of the following acts, if performed in connection with

the sale, offering for sale, or advertising of sexually

reproducible plant material or tubers or parts of tubers, is

prohibited, and the Secretary may, if the Secretary determines

after an opportunity for hearing that the act is being so

performed, issue an order to cease and desist, said order being

binding unless appealed under section 2461 of this title:

(1) Use of the words ''U.S. Protected Variety'' or any word or

number importing that the material is a variety protected under

certificate, when it is not.

(2) Use of any wording importing that the material is a variety

for which an application for plant variety protection is pending,

when it is not.

(3) Use of either the phrase ''Unauthorized Propagation

Prohibited'' or ''Unauthorized Seed Multiplication Prohibited''

or similar phrase without reasonable basis. Any reasonable basis

expires one year after the first sale of the variety except as

justified thereafter by a pending application or a certificate

still in force.

(4) Failure to use the name of a variety for which a

certificate of protection has been issued under this chapter,

even after the expiration of the certificate, except that lawn,

turf, or forage grass seed, or alfalfa or clover seed may be sold

without a variety name unless use of the name of a variety for

which a certificate of protection has been issued under this

chapter is required under State law.

(b) Anyone convicted of violating a binding cease and desist

order, or of performing any act prohibited in subsection (a) of

this section for the purpose of deceiving the public, shall be

fined not more than $10,000 and not less than $500.

(c) Anyone whose business is damaged or is likely to be damaged

by an act prohibited in subsection (a) of this section, or is

subjected to competition in connection with which such act is

performed, may have remedy by civil action.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 128, Dec. 24, 1970, 84 Stat. 1557;

Pub. L. 96-574, Sec. 19(c), Dec. 22, 1980, 94 Stat. 3352; Pub. L.

103-349, Sec. 12, 13(v), Oct. 6, 1994, 108 Stat. 3142, 3144.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-349 inserted ''or tubers or parts

of tubers'' after ''plant material'' and substituted ''if the

Secretary determines'' for ''if he determines'' in introductory

provisions, and added par. (4).

1980 - Subsec. (a)(3). Pub. L. 96-574 substituted provisions

respecting prohibitions for use of phrases ''Unauthorized

Propagation Prohibited'' and ''Unauthorized Seed Multiplication

Prohibited'' for provisions respecting prohibitions for use of

phrase ''propagation prohibited''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2461 of this title.

-CITE-

7 USC Sec. 2569 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part L - Remedies for Infringement of Plant Variety Protection, and

Other Actions

-HEAD-

Sec. 2569. Nonresident proprietors; service and notice

-STATUTE-

Every owner not residing in the United States may file in the

Plant Variety Protection Office a written designation stating the

name and address of a person residing within the United States on

whom may be served process or notice of proceedings affecting the

plant variety protection or rights thereunder. If the person

designated cannot be found at the address given in the last

designation, or if no person has been designated, the United States

District Court for the District of Columbia shall have jurisdiction

and summons shall be served by publication or otherwise as the

court directs. The court shall have the same jurisdiction to take

any action respecting the plant variety protection, or rights

thereunder that it would have if the owner were personally within

the jurisdiction of the court.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 129, Dec. 24, 1970, 84 Stat.

1557.)

-CITE-

7 USC Sec. 2570 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part L - Remedies for Infringement of Plant Variety Protection, and

Other Actions

-HEAD-

Sec. 2570. Liability of States, instrumentalities of States, and

State officials for infringement of plant variety protection

-STATUTE-

(a) Any State, any instrumentality of a State, and any officer or

employee of a State or instrumentality of a State acting in the

official capacity of the officer or employee, shall not be immune,

under the eleventh amendment of the Constitution of the United

States or under any other doctrine of sovereign immunity, from suit

in Federal court by any person, including any governmental or

nongovernmental entity, for infringement of plant variety

protection under section 2541 of this title, or for any other

violation under this subchapter.

(b) In a suit described in subsection (a) of this section for a

violation described in that subsection, remedies (including

remedies both at law and in equity) are available for the violation

to the same extent as such remedies are available for such a

violation in a suit against any private entity. Such remedies

include damages, interest, costs, and treble damages under section

2564 of this title, and attorney fees under section 2565 of this

title.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 130, as added Pub. L. 102-560,

Sec. 3(b), Oct. 28, 1992, 106 Stat. 4231; amended Pub. L. 103-349,

Sec. 13(w), Oct. 6, 1994, 108 Stat. 3144.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-349 substituted ''the official

capacity of the officer or employee'' for ''his official

capacity''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-349 effective 180 days after Oct. 6,

1994, see section 15 of Pub. L. 103-349, set out as a note under

section 2401 of this title.

EFFECTIVE DATE

Section effective with respect to violations that occur on or

after Oct. 28, 1992, see section 4 of Pub. L. 102-560, set out as

an Effective Date of 1992 Amendment note under section 2541 of this

title.

-CITE-

7 USC Part M - Intent and Severability 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part M - Intent and Severability

.

-HEAD-

Part M - Intent and Severability

-CITE-

7 USC Sec. 2581 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part M - Intent and Severability

-HEAD-

Sec. 2581. Intent

-STATUTE-

It is the intent of Congress to provide the indicated protection

for new varieties by exercise of any constitutional power needed

for that end, so as to afford adequate encouragement for research,

and for marketing when appropriate, to yield for the public the

benefits of new varieties. Constitutional clauses 3 and 8 of

article I, section 8 are both relied upon.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 131, Dec. 24, 1970, 84 Stat.

1558.)

-CITE-

7 USC Sec. 2582 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part M - Intent and Severability

-HEAD-

Sec. 2582. Severability

-STATUTE-

If this chapter is held unconstitutional as to some provisions or

circumstances, it shall remain in force as to the remaining

provisions and other circumstances.

-SOURCE-

(Pub. L. 91-577, title III, Sec. 132, Dec. 24, 1970, 84 Stat.

1558.)

-CITE-

7 USC Sec. 2583 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 57 - PLANT VARIETY PROTECTION

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

Part M - Intent and Severability

-HEAD-

Sec. 2583. Repealed. Pub. L. 96-574, Sec. 20, Dec. 22, 1980, 94

Stat. 3352

-MISC1-

Section, Pub. L. 91-577, title III, Sec. 144, Dec. 24, 1970, 84

Stat. 1559, exempted certain plants from provisions of this

chapter.

-CITE-