or requiring the submission of a different name for
the variety, except that’’.
SEC. 7. PRIORITY CONTEST.
(a) PRIORITY CONTEST; EFFECT OF ADVERSE FINAL
JUDGMENT OR INACTION.—Sections 92 and 93 (7 U.S.C.
2502 and 2503) are repealed.
(b) INTERFERING PLANT; VARIETY PROTECTION.—
(1) REDESIGNATION.—Chapter 9 of title II (7
U.S.C. 2501 et seq.) is amended by redesignating
section 94 (7 U.S.C. 2504) as section 92.
(2) AMENDMENTS.—Section 92 (as so redesig-
nated) is amended—
(A) by striking ‘‘The owner’’ and inserting
‘‘(a) The owner’’; and
(B) by striking the second sentence.
(c) APPEAL
OR
CIVIL
ACTION
IN
CONTESTED
CASES.—
(1) TRANSFER.—Section 73 (7 U.S.C. 2463) is
amended by transferring subsection (b) to the end
of section 92 (as redesignated by subsection (b)(1)).
(2) REPEAL.—Section 73 (as amended by para-
graph (1)) is repealed.
(d) CONFORMING
AMENDMENT.—Section 71 (7
U.S.C. 2461) is amended by striking ‘‘92,’’.
SEC. 8. INFRINGEMENT OF PLANT VARIETY PROTECTION.
Section 111 (7 U.S.C. 2541) is amended—
(1) in subsection (a)—
(A) by striking ‘‘novel’’ the first two places
it appears and inserting ‘‘protected’’;
(B) in paragraph (1), by striking ‘‘the
novel’’ and inserting ‘‘or market the protected’’;
(C) by striking ‘‘novel’’ each place it ap-
pears in paragraphs (2) through (7);
(D) by striking ‘‘or’’ each place it appears
at the end of paragraphs (3) through (6);
(E) by redesignating paragraphs (7) and
(8) as paragraphs (9) and (10), respectively;
and
(F) by inserting after paragraph (6) the
following new paragraphs:
‘‘(7) condition the variety for the purpose of
propagation;
‘‘(8) stock the variety for any of the purposes
referred to in paragraphs (1) through (7);’’;
(2) by redesignating subsection (b) as sub-
section (f); and
(3) by inserting after subsection (a) the follow-
ing new subsections:
‘‘(b) The owner of a protected variety may authorize
the use of the variety under this section subject to condi-
tions and limitations specified by the owner.
‘‘(c) 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 distinguish-
able 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 unauthor-
ized use of propagating material of a protected vari-
ety, unless the owner of the variety has had a rea-
sonable opportunity to exercise the rights provided
by this Act with respect to the propagating material.
‘‘(d) It shall not be an infringement of the rights of
the owner of a variety to perform any act concerning prop-
agating material of any kind, or harvested material, in-
cluding entire plants and parts of plants, of a protected
variety that has been 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 propaga-
tion 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 consump-
tion purposes.
‘‘(e) 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.’’.
SEC. 9. RIGHT TO SAVE SEED; CROP EXEMPTION.
The first sentence of section 113 (7 U.S.C. 2543) is
amended by striking ‘‘section: Provided, That’’ and all
that follows through the period and inserting ‘‘section.’’.
SEC. 10. LIMITATION OF DAMAGES; MARKING AND NOTICE.
Section 127 (7 U.S.C. 2567) is amended by striking
‘‘novel’’ each place it appears.
SEC. 11. OBLIGATION TO USE VARIETY NAME.
Section 128(a) (7 U.S.C. 2568(a)) is amended by
adding at the end the following new paragraph:
‘‘(4) Failure to use the name of a variety for
which a certificate of protection has been issued
under this Act, even after the expiration of the cer-
tificate.’’.
SEC. 12. TRANSITIONAL PROVISIONS.
(a) IN GENERAL.—Except as provided in subsection
(b), any variety for which a certificate of plant variety pro-
tection has been issued prior to the effective date of this
Act, and any variety for which an application is pending
on the effective date of this Act, shall continue to be gov-
erned 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 WITHDRAWN AND REFILED.—If
a pending application is withdrawn and refiled after the
effective date of this Act, eligibility for protection and the
terms of protection shall be governed by the Plant Variety
Protection Act, as amended by this Act.
SEC. 13. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
become effective 180 days after the date of enactment of
this Act.
Æ
HR 2927 IH——2