-CITE-
    7 USC CHAPTER 57 - PLANT VARIETY PROTECTION                 01/03/2007

-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       Repealed.                                             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.                       
    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.                        
    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.                
    2402.       Right to plant variety protection; plant varieties
                 protectable.                                         
    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.        
    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.             
    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.                                             

-End-


-CITE-
    7 USC SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE        01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 57 - PLANT VARIETY PROTECTION
    SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE

-HEAD-
              SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE          

-End-


-CITE-
    7 USC Part A - Organization and Publications                01/03/2007

-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              

-End-



-CITE-
    7 USC Sec. 2321                                             01/03/2007

-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'."

-End-



-CITE-
    7 USC Sec. 2322                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2323                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2324                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2325                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 57 - PLANT VARIETY PROTECTION
    SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE
    Part A - Organization and Publications

-HEAD-
    Sec. 2325. Repealed.

-MISC1-
    Sec. 2325. Repealed. Pub. L. 96-574, Sec. 2, Dec. 22, 1980, 94
      Stat. 3350.
      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.

-End-



-CITE-
    7 USC Sec. 2326                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2327                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2328                                             01/03/2007

-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".

-End-



-CITE-
    7 USC Sec. 2329                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2330                                             01/03/2007

-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, Secs. 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, Secs. 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, Secs. 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.

-End-



-CITE-
    7 USC Sec. 2331                                             01/03/2007

-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".

-End-


-CITE-
    7 USC Part B - Legal Provisions as to the Plant Variety
                    Protection Office                      01/03/2007

-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

-End-



-CITE-
    7 USC Sec. 2351                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2352                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2353                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2354                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2355                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2356                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2357                                             01/03/2007

-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.

-End-


-CITE-
    7 USC Part C - Plant Variety Protection Fees                01/03/2007

-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              

-End-



-CITE-
    7 USC Sec. 2371                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2372                                             01/03/2007

-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.)

-End-


-CITE-
    7 USC SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES
           AND CERTIFICATES OF PROTECTION                  01/03/2007

-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

-End-


-CITE-
    7 USC Part D - Protectability of Plant Varieties            01/03/2007

-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            

-End-



-CITE-
    7 USC Sec. 2401                                             01/03/2007

-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)."

-End-



-CITE-
    7 USC Sec. 2402                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2403                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2404                                             01/03/2007

-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.

-End-


-CITE-
    7 USC Part E - Applications; Form; Who May File; Relating
                    Back; Confidentiality                  01/03/2007

-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

-End-



-CITE-
    7 USC Sec. 2421                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2422                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2423                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2424                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2425                                             01/03/2007

-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, Secs. 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.

-End-



-CITE-
    7 USC Sec. 2426                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2427                                             01/03/2007

-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".

-End-


-CITE-
    7 USC Part F - Examinations; Response Time; Initial
                    Appeals                                01/03/2007

-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       

-End-



-CITE-
    7 USC Sec. 2441                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2442                                             01/03/2007

-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, Secs. 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.

-End-



-CITE-
    7 USC Sec. 2443                                             01/03/2007

-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.)

-End-


-CITE-
    7 USC Part G - Appeals to Courts and Other Review           01/03/2007

-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            

-End-



-CITE-
    7 USC Sec. 2461                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2462                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2463                                             01/03/2007

-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.

-MISC1-
    Sec. 2463. Repealed. Pub. L. 103-349, Sec. 8(c)(2), Oct. 6, 1994,
      108 Stat. 3141.
      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.

-End-


-CITE-
    7 USC Part H - Certificates of Plant Variety Protection     01/03/2007

-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         

-End-



-CITE-
    7 USC Sec. 2481                                             01/03/2007

-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) (!1) of this
    title, the certificate of plant variety protection shall issue.

      (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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    7 USC Sec. 2482                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2483                                             01/03/2007

-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),(!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.

      (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, Secs. 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, Secs. 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.

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


-End-



-CITE-
    7 USC Sec. 2484                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2485                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2486                                             01/03/2007

-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.

-End-


-CITE-
    7 USC Part I - Reexamination After Issue, and Contested
                    Proceedings                            01/03/2007

-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   

-End-



-CITE-
    7 USC Sec. 2501                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Secs. 2502, 2503                                      01/03/2007

-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-
    Secs. 2502, 2503. Repealed.

-MISC1-
    Secs. 2502, 2503. Repealed. Pub. L. 103-349, Sec. 8(a), Oct. 6,
      1994, 108 Stat. 3140.
      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.

-End-



-CITE-
    7 USC Sec. 2504                                             01/03/2007

-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, Secs. 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.


-MISC1-
                             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, Secs. 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.

-End-


-CITE-
    7 USC SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS   01/03/2007 

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 57 - PLANT VARIETY PROTECTION
    SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS

-HEAD-
           SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS       

-End-


-CITE-
    7 USC Part J - Ownership and Assignment                     01/03/2007

-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                 

-End-



-CITE-
    7 USC Sec. 2531                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2532                                             01/03/2007

-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.

-End-


-CITE-
    7 USC Part K - Infringement of Plant Variety Protection     01/03/2007

-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         

-End-



-CITE-
    7 USC Sec. 2541                                             01/03/2007

-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,
    Secs. 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.


-MISC1-
                                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, Secs. 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]."

-End-



-CITE-
    7 USC Sec. 2542                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2543                                             01/03/2007

-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 (!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.


-SOURCE-
    (Pub. L. 91-577, title III, Sec. 113, Dec. 24, 1970, 84 Stat. 1555;
    Pub. L. 103-349, Secs. 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.


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-349, Secs. 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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    7 USC Sec. 2544                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2545                                             01/03/2007

-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.)

-End-


-CITE-
    7 USC Part L - Remedies for Infringement of Plant Variety
                    Protection, and Other Actions          01/03/2007

-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

-End-



-CITE-
    7 USC Sec. 2561                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2562                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2563                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2564                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2565                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2566                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2567                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 2568                                             01/03/2007

-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, Secs. 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.

-End-



-CITE-
    7 USC Sec. 2569                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2570                                             01/03/2007

-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.

-End-


-CITE-
    7 USC Part M - Intent and Severability                      01/03/2007

-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                 

-End-



-CITE-
    7 USC Sec. 2581                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2582                                             01/03/2007

-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.)

-End-



-CITE-
    7 USC Sec. 2583                                             01/03/2007

-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.

-MISC1-
    Sec. 2583. Repealed. Pub. L. 96-574, Sec. 20, Dec. 22, 1980, 94
      Stat. 3352.
      Section, Pub. L. 91-577, title III, Sec. 144, Dec. 24, 1970, 84
    Stat. 1559, exempted certain plants from provisions of this
    chapter.

-End-