In the House of Representatives, U. S.,

August 12, 1994.

Resolved, That the bill from the Senate (S. 1406) entitled ‘‘An Act to amend the Plant Variety Protection Act to

make such Act consistent with the International Convention

for the Protection of New Varieties of Plants of March 19,

1991, to which the United States is a signatory, and for

other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; REFERENCES.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Plant Variety Protection Act Amendments of 1994’’.

4 (b) REFERENCES TO PLANT VARIETY PROTECTION

5 ACT.—Except as otherwise expressly provided, whenever in

6 this Act an amendment or repeal is expressed in terms of

7 an amendment to, or repeal of, a section or other provision,

8 the reference shall be considered to be made to a section or

9 other provision of the Plant Variety Protection Act (7

10 U.S.C. 2321 et seq.).

11 SEC. 2. DEFINITIONS AND RULES OF CONSTRUCTION.

12 Section 41 (7 U.S.C. 2401) is amended to read as fol13 lows:
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1 ‘‘§ 41. Definitions and rules of construction

2 ‘‘(a) DEFINITIONS.—As used in this Act:

3 ‘‘(1) BASIC SEED.—The term ‘basic seed’ means

4 the seed planted to produce certified or commercial

5 seed.

6 ‘‘(2) BREEDER.—The term ‘breeder’ means the

7 person who directs the final breeding creating a vari8 ety or who discovers and develops a variety. If the ac9 tions are conducted by an agent on behalf of a prin10 cipal, the principal, rather than the agent, shall be

11 considered the breeder. The term does not include a

12 person who redevelops or rediscovers a variety the ex13 istence of which is publicly known or a matter of

14 common knowledge.

15 ‘‘(3) ESSENTIALLY DERIVED VARIETY.—

16 ‘‘(A) IN GENERAL.—The term ‘essentially

17 derived variety’ means a variety that—

18 ‘‘(i) is predominantly derived from an19 other variety (referred to in this paragraph

20 as the ‘initial variety’) or from a variety

21 that is predominantly derived from the ini22 tial variety, while retaining the expression

23 of the essential characteristics that result

24 from the genotype or combination of

25 genotypes of the initial variety;
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1 ‘‘(ii) is clearly distinguishable from the

2 initial variety; and

3 ‘‘(iii) except for differences that result

4 from the act of derivation, conforms to the

5 initial variety in the expression of the es6 sential characteristics that result from the

7 genotype or combination of genotypes of the

8 initial variety.

9 ‘‘(B) METHODS.—An essentially derived va10 riety may be obtained by the selection of a natu11 ral or induced mutant or of a somaclonal vari12 ant, the selection of a variant individual from

13 plants of the initial variety, backcrossing, trans14 formation by genetic engineering, or other meth15 od.

16 ‘‘(4) KIND.—The term ‘kind’ means one or more

17 related species or subspecies singly or collectively

18 known by one common name, such as soybean, flax,

19 or radish.

20 ‘‘(5) SEED.—The term ‘seed’, with respect to a

21 tuber propagated variety, means the tuber or the part

22 of the tuber used for propagation.

23 ‘‘(6) SEXUALLY REPRODUCED.—The term ‘sexu24 ally reproduced’ includes any production of a variety
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1 by seed, but does not include the production of a vari2 ety by tuber propagation.

3 ‘‘(7) TUBER PROPAGATED.—The term ‘tuber

4 propagated’ means propagated by a tuber or a part

5 of a tuber.

6 ‘‘(8) UNITED STATES.—The terms ‘United

7 States’ and ‘this country’ mean the United States, the

8 territories and possessions of the the United States,

9 and the Commonwealth of Puerto Rico.

10 ‘‘(9) VARIETY.—The term ‘variety’ means a

11 plant grouping within a single botanical taxon of the

12 lowest known rank, that, without regard to whether

13 the conditions for plant variety protection are fully

14 met, can be defined by the expression of the character15 istics resulting from a given genotype or combination

16 of genotypes, distinguished from any other plant

17 grouping by the expression of at least one characteris18 tic and considered as a unit with regard to the suit19 ability of the plant grouping for being propagated un20 changed. A variety may be represented by seed, trans21 plants, plants, tubers, tissue culture plantlets, and

22 other matter.

23 ‘‘(b) RULES OF CONSTRUCTION.—For the purposes of

24 this Act:
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1 ‘‘(1) SALE OR DISPOSITION FOR

2 NONREPRODUCTIVE PURPOSES.—The sale or disposi3 tion, for other than reproductive purposes, of har4 vested material produced as a result of experimen5 tation or testing of a variety to ascertain the charac6 teristics of the variety, or as a by-product of increas7 ing a variety, shall not be considered to be a sale or

8 disposition for purposes of exploitation of the variety.

9 ‘‘(2) SALE OR DISPOSITION FOR REPRODUCTIVE

10 PURPOSES.—The sale or disposition of a variety for

11 reproductive purposes shall not be considered to be a

12 sale or disposition for the purposes of exploitation of

13 the variety if the sale or disposition is done as an in14 tegral part of a program of experimentation or test15 ing to ascertain the characteristics of the variety, or

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

17 successor in interest of the breeder.

18 ‘‘(3) SALE OR DISPOSITION OF HYBRID SEED.—

19 The sale or disposition of hybrid seed shall be consid20 ered to be a sale or disposition of harvested material

21 of the varieties from which the seed was produced.

22 ‘‘(4) APPLICATION FOR PROTECTION OR ENTER23 ING INTO A REGISTER OF VARIETIES.—The filing of

24 an application for the protection or for the entering

25 of a variety in an official register of varieties, in any
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1 country, shall be considered to render the variety a

2 matter of common knowledge from the date of the ap3 plication, if the application leads to the granting of

4 protection or to the entering of the variety in the offi5 cial register of varieties, as the case may be.

6 ‘‘(5) DISTINCTNESS.—The distinctness of one va7 riety from another may be based on one or more iden8 tifiable morphological, physiological, or other charac9 teristics (including any characteristics evidenced by

10 processing or product characteristics, such as milling

11 and baking characteristics in the case of wheat) with

12 respect to which a difference in genealogy may con13 tribute evidence.

14 ‘‘(6) PUBLICLY KNOWN VARIETIES.—

15 ‘‘(A) IN GENERAL.—A variety that is ade16 quately described by a publication reasonably

17 considered to be a part of the public technical

18 knowledge in the United States shall be consid19 ered to be publicly known and a matter of com20 mon knowledge.

21 ‘‘(B) DESCRIPTION.—A description that

22 meets the requirements of subparagraph (A) shall

23 include a disclosure of the principal characteris24 tics by which a variety is distinguished.
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1 ‘‘(C) OTHER MEANS.—A variety may be2 come publicly known and a matter of common

3 knowledge by other means.’’.

4 SEC. 3. RIGHT TO PLANT VARIETY PROTECTION; PLANT VA5 RIETIES PROTECTABLE.

6 Section 42 (7 U.S.C. 2402) is amended to read as fol7 lows:

8 ‘‘§ 42. Right to plant variety protection; plant varieties

9 protectable

10 ‘‘(a) IN GENERAL.—The breeder of any sexually repro11 duced or tuber propagated plant variety (other than fungi

12 or bacteria) who has so reproduced the variety, or the suc13 cessor in interest of the breeder, shall be entitled to plant

14 variety protection for the variety, subject to the conditions

15 and requirements of this Act, if the variety is—

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

17 of the application for plant variety protection, propa18 gating or harvested material of the variety has not

19 been sold or otherwise disposed of to other persons, by

20 or with the consent of the breeder, or the successor in

21 interest of the breeder, for purposes of exploitation of

22 the variety—

23 ‘‘(A) in the United States, more than 1 year

24 prior to the date of filing; or
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1 ‘‘(B) in any area outside of the United

2 States—

3 ‘‘(i) more than 4 years prior to the

4 date of filing; or

5 ‘‘(ii) in the case of a tree or vine, more

6 than 6 years prior to the date of filing;

7 ‘‘(2) distinct, in the sense that the variety is

8 clearly distinguishable from any other variety the ex9 istence of which is publicly known or a matter of

10 common knowledge at the time of the filing of the ap11 plication;

12 ‘‘(3) uniform, in the sense that any variations

13 are describable, predictable, and commercially accept14 able; and

15 ‘‘(4) stable, in the sense that the variety, when

16 reproduced, will remain unchanged with regard to the

17 essential and distinctive characteristics of the variety

18 with a reasonable degree of reliability commensurate

19 with that of varieties of the same category in which

20 the same breeding method is employed.

21 ‘‘(b) MULTIPLE APPLICANTS.—

22 ‘‘(1) IN GENERAL.—If 2 or more applicants sub23 mit applications on the same effective filing date for

24 varieties that cannot be clearly distinguished from

25 one another, but that fulfill all other requirements of
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1 subsection (a), the applicant who first complies with

2 all requirements of this Act shall be entitled to a cer3 tificate of plant variety protection, to the exclusion of

4 any other applicant.

5 ‘‘(2) REQUIREMENTS COMPLETED ON SAME

6 DATE.—

7 ‘‘(A) IN GENERAL.—Except as provided in

8 subparagraph (B), if 2 or more applicants com9 ply with all requirements for protection on the

10 same date, a certificate shall be issued for each

11 variety.

12 ‘‘(B) VARIETIES INDISTINGUISHABLE.—If

13 the varieties that are the subject of the applica14 tions cannot be distinguished in any manner, a

15 single certificate shall be issued jointly to the ap16 plicants.’’.

17 SEC. 4. APPLICATIONS.

18 Section 52 (7 U.S.C. 2422) is amended—

19 (1) in paragraph (1), by adding at the end the

20 following new sentence: ‘‘The variety shall be named

21 in accordance with regulations issued by the Sec22 retary.’’;

23 (2) in the first sentence of paragraph (2), by

24 striking ‘‘novelty’’ and inserting ‘‘distinctiveness, uni25 formity, and stability’’;
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1 (3) by redesignating paragraphs (3) and (4) as

2 paragraphs (4) and (5), respectively;

3 (4) by inserting after paragraph (2) the follow4 ing new paragraph:

5 ‘‘(3) A statement of the basis of the claim of the

6 applicant that the variety is new.’’; and

7 (5) in paragraph (4) (as redesignated by para8 graph (3)), by inserting ‘‘(including any propagating

9 material)’’ after ‘‘basic seed’’.

10 SEC. 5. BENEFIT OF EARLIER FILING DATE.

11 Section 55(a) (7 U.S.C. 2425(a)) is amended—

12 (1) by redesignating the first and second sen13 tences as paragraphs (1) and (2), respectively;

14 (2) in paragraph (1) (as so designated), by in15 serting before the period at the end the following: ‘‘,

16 not including the date on which the application is

17 filed in the foreign country’’; and

18 (3) by adding at the end the following new para19 graph:

20 ‘‘(3)(A) An applicant entitled to a right of prior21 ity under this subsection shall be allowed to furnish

22 any necessary information, document, or material re23 quired for the purpose of the examination of the ap24 plication during—
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1 ‘‘(i) the 2-year period beginning on the date

2 of the expiration of the period of priority; or

3 ‘‘(ii) if the first application is rejected or

4 withdrawn, an appropriate period after the re5 jection or withdrawal, to be determined by the

6 Secretary.

7 ‘‘(B) An event occurring within the period of

8 priority (such as the filing of another application or

9 use of the variety that is the subject of the first appli10 cation) shall not consitute a ground for rejecting the

11 application or give rise to any third party right.’’.

12 SEC. 6. NOTICE OF REFUSAL; RECONSIDERATION.

13 The first sentence of section 62(b) (7 U.S.C. 2442(b))

14 is amended—

15 (1) by striking ‘‘six months’’ and inserting ‘‘at

16 least 30 days, and not more than 180 days’’; and

17 (2) by striking ‘‘in exceptional circumstances’’.

18 SEC. 7. CONTENTS AND TERM OF PLANT VARIETY PROTEC19 TION.

20 Section 83 (7 U.S.C. 2483) is amended—

21 (1) in subsection (a)—

22 (A) by designating the first through fourth

23 sentences as paragraphs (1) through (4), respec24 tively; and
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1 (B) by striking paragraphs (2) and (3) (as

2 so designated) and inserting the following new

3 paragraphs:

4 ‘‘(2) If the owner so elects, the certificate shall—

5 ‘‘(A) specify that seed of the variety shall be

6 sold in the United States only as a class of cer7 tified seed; and

8 ‘‘(B) if so specified, conform to the number

9 of generations designated by the owner.

10 ‘‘(3) An owner may waive a right provided

11 under this subsection, other than a right that is elect12 ed by the owner under paragraph (2)(A).’’;

13 (2) in the first sentence of subsection (b)—

14 (A) by striking ‘‘eighteen’’ and inserting

15 ‘‘20’’; and

16 (B) by inserting before the period at the end

17 the following: ‘‘, except that, in the case of a tree

18 or vine, the term of the plant variety protection

19 shall expire 25 years from the date of issue of the

20 certificate’’; and

21 (3) in subsection (c), by striking ‘‘repository:

22 Provided, however, That’’ and inserting ‘‘repository,

23 or requiring the submission of a different name for

24 the variety, except that’’.
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1 SEC. 8. PRIORITY CONTEST.

2 (a) PRIORITY CONTEST; EFFECT OF ADVERSE FINAL

3 JUDGMENT OR INACTION.—Sections 92 and 93 (7 U.S.C.

4 2502 and 2503) are repealed.

5 (b) INTERFERING PLANT VARIETY PROTECTION.—

6 (1) REDESIGNATION.—Section 94 of the Act (7

7 U.S.C. 2504) is redesignated a section 92.

8 (2) AMENDMENTS.—Section 92 (as so redesig9 nated) is amended—

10 (A) by striking ‘‘The owner’’ and inserting

11 ‘‘(a) The owner’’; and

12 (B) by striking the second sentence.

13 (c) APPEAL OR CIVIL ACTION IN CONTESTED CASES.—

14 (1) TRANSFER.—Section 73 (7 U.S.C. 2463) is

15 amended by transferring subsection (b) to the end of

16 section 92 (as redesignated by subsection (b)(1)).

17 (2) REPEAL.—Section 73 (as amended by para18 graph (1)) is repealed.

19 (d) CONFORMING AMENDMENTS.—

20 (1) Section 71 (7 U.S.C. 2461) is amended by

21 striking ‘‘92,’’.

22 (2) Section 102 (7 U.S.C. 2532) is amended by

23 inserting ‘‘or tuber propagable’’ after ‘‘sexually repro24 ducible’’ each place it appears.

25 SEC. 9. INFRINGEMENT OF PLANT VARIETY PROTECTION.

26 Section 111 (7 U.S.C. 2541) is amended—
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1 (1) in subsection (a)—

2 (A) by striking ‘‘novel’’ the first two places

3 it appears and inserting ‘‘protected’’;

4 (B) in paragraph (1), by striking ‘‘the

5 novel’’ and inserting ‘‘or market the protected’’;

6 (C) by striking ‘‘novel’’ each place it ap7 pears in paragraphs (2) through (7);

8 (D) in paragraph (3), by inserting ’’, or

9 propagate by a tuber or a part of a tuber,’’ after

10 ‘‘sexually multiply’’;

11 (E) by striking ‘‘or’’ each place it appears

12 at the end of paragraphs (3) through (6);

13 (F) by redesignating paragraphs (7) and

14 (8) as paragraphs (9) and (10), respectively; and

15 (G) by inserting after paragraph (6) the fol16 lowing new paragraphs:

17 ‘‘(7) condition the variety for the purpose of

18 propagation, except to the extent that the conditioning

19 is related to the activities permitted under section

20 113;

21 ‘‘(8) stock the variety for any of the purposes re22 ferred to in paragraphs (1) through (7);’’;

23 (2) by redesignating subsection (b) as subsection

24 (f); and
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1 (3) by inserting after subsection (a) the following

2 new subsections:

3 ‘‘(b)(1) Subject to paragraph (2), the owner of a pro4 tected variety may authorize the use of the variety under

5 this section subject to conditions and limitations specified

6 by the owner.

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

8 and the owner of a protected variety of lawn, turf, or forage

9 grass seed, or alfalfa or clover seed for the production of

10 seed of the protected variety, the producer shall be deemed

11 to be authorized by the owner to sell such seed and to use

12 the variety if—

13 ‘‘(A) the producer has fulfilled the terms of the

14 contract;

15 ‘‘(B) the owner refuses to take delivery of the seed

16 or refuses to pay any amounts due under the contract

17 within 30 days of the payment date specified in the

18 contract; and

19 ‘‘(C) after the expiration of the period specified

20 in subparagraph (B), the producer notifies the owner

21 of the producer’s intent to sell the seed and unless the

22 owner fails to pay the amounts due under the con23 tract and take delivery of the seed within 30 days of

24 such notification. For the purposes of this paragraph,
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1 the term ‘owner’ shall include any licensee of the

2 owner.

3 ‘‘(3) Paragraph (2) shall apply to contracts entered

4 into with respect to plant varieties protected under this Act

5 (7 U.S.C. 2321 et seq.) as in effect on the day before the

6 effective date of this provision as well as plant varieties pro7 tected under this Act as amended by the Plant Variety Pro8 tection Act Amendments of 1994.

9 ‘‘(4) Nothing in this subsection shall affect any other

10 rights or remedies of producers or owners that may exist

11 under other Federal or State laws.

12 ‘‘(c) This section shall apply equally to—

13 ‘‘(1) any variety that is essentially derived from

14 a protected variety, unless the protected variety is an

15 essentially derived variety;

16 ‘‘(2) any variety that is not clearly distinguish17 able from a protected variety;

18 ‘‘(3) any variety whose production requires the

19 repeated use of a protected variety; and

20 ‘‘(4) harvested material (including entire plants

21 and parts of plants) obtained through the unauthor22 ized use of propagating material of a protected vari23 ety, unless the owner of the variety has had a reason24 able opportunity to exercise the rights provided under

25 this Act with respect to the propagating material.
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1 ‘‘(d) It shall not be an infringement of the rights of

2 the owner of a variety to perform any act concerning propa3 gating material of any kind, or harvested material, includ4 ing entire plants and parts of plants, of a protected variety

5 that is sold or otherwise marketed with the consent of the

6 owner in the United States, unless the act involves further

7 propagation of the variety or involves an export of material

8 of the variety, that enables the propagation of the variety,

9 into a country that does not protect varieties of the plant

10 genus or species to which the variety belongs, unless the ex11 ported material is for final consumption purposes.

12 ‘‘(e) It shall not be an infringement of the rights of

13 the owner of a variety to perform any act done privately

14 and for noncommercial purposes.’’.

15 SEC. 10. RIGHT TO SAVE SEED; CROP EXEMPTION.

16 The first sentence of section 113 (7 U.S.C. 2543) is

17 amended by striking ‘‘section: Provided, That’’ and all that

18 follows through the period and inserting ‘‘section.’’.

19 SEC. 11. LIMITATION OF DAMAGES; MARKING AND NOTICE.

20 Section 127 (7 U.S.C. 2567) is amended by striking

21 ‘‘novel’’ each place it appears.

22 SEC. 12. OBLIGATION TO USE VARIETY NAME.

23 Section 128(a) (7 U.S.C. 2568(a)) is amended—

24 (1) by inserting ‘‘or tubers or parts of tubers’’

25 after ‘‘plant material’’; and
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1 (2) by adding at the end the following new para2 graph:

3 ‘‘(4) Failure to use the name of a variety for

4 which a certificate of protection has been issued under

5 this Act, even after the expiration of the certificate,

6 except that lawn, turf, or forage grass seed, or alfalfa

7 or clover seed may be sold without a variety name

8 unless use of the name of a variety for which a certifi9 cate of protection has been issued under this Act is re10 quired under State law.’’.

11 SEC. 13. ELIMINATION OF GENDER-BASED REFERENCES.

12 (a) The last sentence of section 7(a) (7 U.S.C. 2327(a))

13 is amended by striking ‘‘his designee shall act as chairman’’

14 and inserting ‘‘the designee of the Secretary shall act as

15 chairperson’’.

16 (b) Section 10(a) (7 U.S.C. 2330(a)) is amended by

17 striking ‘‘he’’ and inserting ‘‘the Secretary’’.

18 (c) Section 23 (7 U.S.C. 2353) is amended—

19 (1) in the second sentence, by striking ‘‘he’’ and

20 inserting ‘‘the officer’’; and

21 (2) in the third sentence, by striking ‘‘he’’ and

22 inserting ‘‘the person’’.

23 (d) Section 24 (7 U.S.C. 2354) is amended—

24 (1) in the first sentence of subsection (a), by

25 striking ‘‘him’’ and inserting ‘‘the witness’’; and
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1 (2) in the second sentence of subsection (c)—

2 (A) by striking ‘‘this fees and traveling ex3 penses’’ and inserting ‘‘the fees and traveling ex4 penses of the witness’’; and

5 (B) by striking ‘‘him’’ and inserting ‘‘the

6 witness’’.

7 (e) The last sentence of section 27 (7 U.S.C. 2357) is

8 amended by striking ‘‘he’’ each place it appears and insert9 ing ‘‘the person’’.

10 (f) The first sentence of section 44 (7 U.S.C. 2404) is

11 amended by striking ‘‘he’’ and inserting ‘‘the Secretary’’.

12 (g) Section 53 (7 U.S.C. 2423) is amended—

13 (1) in subsection (a), by striking ‘‘one (or his

14 successor)’’ and inserting ‘‘one person (or the succes15 sor of the person)’’; and

16 (2) in subsection (b), by striking ‘‘he’’ and in17 serting ‘‘the Secretary’’.

18 (h) Section 54 (7 U.S.C. 2424) is amended by striking

19 ‘‘his successor in interest’’ and inserting ‘‘the successor in

20 interest of the breeder’’.

21 (i) Section 55 (7 U.S.C. 2425) is amended—

22 (1) in subsection (a)(2) (as redesignated by sec23 tion 5(1)), by striking ‘‘his application’’ and insert24 ing ‘‘the application filed in the United States’’; and
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1 (2) in subsection (b), by striking ‘‘his predecessor

2 in title’’ and inserting ‘‘the predecessor in title of the

3 person’’.

4 (j) The first sentence of section 62(b) (7 U.S.C.

5 2442(b)) is amended—

6 (1) by striking ‘‘him’’ and inserting ‘‘an appli7 cant’’;

8 (2) by striking ‘‘an applicant shall’’ and insert9 ing ‘‘the applicant shall’’; and

10 (3) by striking ‘‘he’’ and inserting ‘‘the Sec11 retary’’.

12 (k) The second sentence of section 72 (7 U.S.C. 2462)

13 is amended by striking ‘‘his variety as specified in his ap14 plication’’ and inserting ‘‘the variety as specified in the ap15 plication’’.

16 (l) Section 82 (7 U.S.C. 2482) is amended by striking

17 ‘‘his signature’’ and inserting ‘‘the signature of the Sec18 retary’’.

19 (m) Section 83 (7 U.S.C. 2483) is amended—

20 (1) in subsection (a) (as amended by section

21 7(1)(A))—

22 (A) in paragraph (1), by striking ‘‘(or his

23 successor in interest) his heirs and assignees’’

24 and inserting ‘‘(or the successor in interest of the

25 breeder)’’; and
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1 (B) in paragraph (4), by striking ‘‘his dis2 cretion’’ and inserting ‘‘the discretion of the Sec3 retary’’; and

4 (2) in subsection (c), by striking ‘‘he’’ and in5 serting ‘‘the last owner’’.

6 (n) Section 86 (7 U.S.C. 2486) is amended—

7 (1) in the first sentence, by striking ‘‘him’’ and

8 inserting ‘‘the Secretary’’; and

9 (2) in the third sentence, by striking ‘‘he’’ and

10 inserting ‘‘the person’’.

11 (o) Section 91(c) (7 U.S.C. 2501(c)) is amended by

12 striking ‘‘he’’ and inserting ‘‘the Secretary’’.

13 (p) The fourth sentence of section 92(b) (as transferred

14 by section 8(c)(1)) is amended by striking ‘‘he’’ and insert15 ing ‘‘the Secretary’’.

16 (q) The first sentence of section 111(f) (as redesignated

17 by section 9(2)) is amended by striking ‘‘his official capac18 ity’’ and inserting ‘‘the official capacity of the officer or

19 employee’’.

20 (r) Section 112 (7 U.S.C. 2542) is amended by striking

21 ‘‘his successor in interest’’ and inserting ‘‘the successor in

22 interest of the person’’.

23 (s) Section 113 (7 U.S.C. 2543) is amended—

24 (1) in the first sentence—
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1 (A) by striking ‘‘him’’ and inserting ‘‘the

2 person’’; and

3 (B) by striking ‘‘his farm’’ and inserting

4 ‘‘the farm of the person’’; and

5 (2) in the third sentence, by striking ‘‘his ac6 tions’’ and inserting ‘‘the actions of the purchaser’’.

7 (t) Section 121 (7 U.S.C. 2561) is amended by striking

8 ‘‘his’’.

9 (u) Section 126(b) (7 U.S.C. 2566(b)) is amended by

10 striking ‘‘his’’ and inserting ‘‘the’’.

11 (v) Section 128(a) (7 U.S.C. 2568(a)) is amended by

12 striking ‘‘he’’ and inserting ‘‘the Secretary’’.

13 (w) Section 130(a) (7 U.S.C. 2570(a)) is amended by

14 striking ‘‘his official capacity’’ and inserting ‘‘the official

15 capacity of the officer or employee’’.

16 SEC. 14. TRANSITIONAL PROVISIONS.

17 (a) IN GENERAL.—Except as provided in this section,

18 any variety for which a certificate of plant variety protec19 tion has been issued prior to the effective date of this Act,

20 and any variety for which an application is pending on

21 the effective date of this Act, shall continue to be governed

22 by the Plant Variety Protection Act (7 U.S.C. 2321 et seq.),

23 as in effect on the day before the effective date of this Act.

24 (b) APPLICATIONS REFILED.—
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1 (1) IN GENERAL.—An applicant may refile a

2 pending application on or after the effective date of

3 this Act.

4 (2) EFFECT OF REFILING.—If a pending appli5 cation is refiled on or after the effective date of this

6 Act—

7 (A) eligibility for protection and the terms

8 of protection shall be governed by the Plant Vari9 ety Protection Act, as amended by this Act; and

10 (B) for purposes of section 42 of the Plant

11 Variety Protection Act, as amended by section 3

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

13 filing of the original application.

14 (c) LABELING.—

15 (1) IN GENERAL.—To obtain the protection pro16 vided to an owner of a protected variety under the

17 Plant Variety Protection Act (7 U.S.C. 2321 et seq.)

18 (as amended by this Act), a notice given by an owner

19 concerning the variety under section 127 of the Plant

20 Variety Protection Act (7 U.S.C. 2567) shall state

21 that the variety is protected under such Act (as

22 amended by this Act).

23 (2) SANCTIONS.—Any person that makes a false

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

25 misleading label, concerning protection described in
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1 paragraph (1) shall be subject to the sanctions de2 scribed in section 128 of the Plant Variety Protection

3 Act (7 U.S.C. 2568).

4 SEC. 15. EFFECTIVE DATE.

5 This Act and the amendments made by this Act shall

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

7 Act.

Attest:

Clerk.

103D CONGRESS

2D SESSION S. 1406

AMENDMENT