dreamproit/uscode huggingface dataset:
7 U.S.C. § 2504 (AGRICULTURE)
§ 2504. Interfering plant variety protection
(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.
(Pub. L. 91–577, title II, § 92, formerly § 94, Dec. 24, 1970, 84 Stat. 1553; renumbered § 92 and amended Pub. L. 103–349, §§ 8(b), (c)(1), 13(p), Oct. 6, 1994, 108 Stat. 3140, 3144.)
heading: Editorial Notes
heading: Codification
text: 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, § 8(c)(1), was based on section 73(b) of Pub. L. 91–577, title II, Dec. 24, 1970, 84 Stat. 1550.
heading: Prior Provisions
text: 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.
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–349, § 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, §§ 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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
7 U.S.C. § 2532 (AGRICULTURE)
§ 2532. Ownership during testing
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.
(Pub. L. 91–577, title III, § 102, Dec. 24, 1970, 84 Stat. 1554; Pub. L. 103–349, § 8(d)(2), Oct. 6, 1994, 108 Stat. 3141.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–349 inserted “or tuber propagable” after “sexually reproducible” in two places.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
7 U.S.C. § 2542 (AGRICULTURE)
§ 2542. Grandfather clause
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.
(Pub. L. 91–577, title III, § 112, Dec. 24, 1970, 84 Stat. 1555; Pub. L. 103–349, § 13(r), Oct. 6, 1994, 108 Stat. 3144.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–349 substituted “the successor in interest of the person” for “his successor in interest”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
7 U.S.C. § 2543 (AGRICULTURE)
§ 2543. Right to save seed; crop exemption
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.
(Pub. L. 91–577, title III, § 113, Dec. 24, 1970, 84 Stat. 1555; Pub. L. 103–349, §§ 10, 13(s), Oct. 6, 1994, 108 Stat. 3142, 3144.)
heading: Editorial Notes
heading: References in Text
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, § 3(a), Oct. 28, 1992, 106 Stat. 4231.
heading: Amendments
text: 1994—Pub. L. 103–349, §§ 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, § 13(s)(2), substituted “the actions of the purchaser” for “his actions” in third sentence.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
7 U.S.C. § 2561 (AGRICULTURE)
§ 2561. Remedy for infringement of plant variety protection
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.
(Pub. L. 91–577, title III, § 121, Dec. 24, 1970, 84 Stat. 1556; Pub. L. 103–349, § 13(t), Oct. 6, 1994, 108 Stat. 3144.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–349 struck out “his” before “plant” in first sentence.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
7 U.S.C. § 2566 (AGRICULTURE)
§ 2566. Time limitation on damages
(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.
(Pub. L. 91–577, title III, § 126, Dec. 24, 1970, 84 Stat. 1556; Pub. L. 103–349, § 13(u), Oct. 6, 1994, 108 Stat. 3144.)
heading: Editorial Notes
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–349 substituted “the” for “his” before “claim has been denied”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
7 U.S.C. § 2567 (AGRICULTURE)
§ 2567. Limitation of damages; marking and notice
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 or 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.
(Pub. L. 91–577, title III, § 127, Dec. 24, 1970, 84 Stat. 1557; Pub. L. 96–574, § 19(b), Dec. 22, 1980, 94 Stat. 3351; Pub. L. 103–349, § 11, Oct. 6, 1994, 108 Stat. 3142.)
heading: Editorial Notes
heading: Amendments
text: 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’ ”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
7 U.S.C. § 2568 (AGRICULTURE)
§ 2568. False marking; cease and desist orders
(a) Each of the following acts, if performed in connection with the sale, offering for sale, or advertising of sexually or asexually 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.
(Pub. L. 91–577, title III, § 128, Dec. 24, 1970, 84 Stat. 1557; Pub. L. 96–574, § 19(c), Dec. 22, 1980, 94 Stat. 3352; Pub. L. 103–349, §§ 12, 13(v), Oct. 6, 1994, 108 Stat. 3142, 3144; Pub. L. 115–334, title X, § 10108(d), Dec. 20, 2018, 132 Stat. 4906.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–334 inserted “or asexually” after “sexually” in introductory provisions.
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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
7 U.S.C. § 2570 (AGRICULTURE)
§ 2570. Liability of States, instrumentalities of States, and State officials for infringement of plant variety protection
(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) 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.
(Pub. L. 91–577, title III, § 130, as added Pub. L. 102–560, § 3(b), Oct. 28, 1992, 106 Stat. 4231; amended Pub. L. 103–349, § 13(w), Oct. 6, 1994, 108 Stat. 3144.)
heading: Editorial Notes
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–349 substituted “the official capacity of the officer or employee” for “his official capacity”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
heading: Effective Date
text: 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.
7 U.S.C. § 2612 (AGRICULTURE)
§ 2612. Definitions
As used in this chapter:
(a) The term “Secretary” means the Secretary of Agriculture.
(b) The term “person” means any individual, partnership, corporation, association, or other entity.
(c) The term “potatoes” means all varieties of Irish potatoes grown by producers in the 50 States of the United States, and grown in foreign countries and imported into the United States.
(d) The term “handler” means any person (except a common or contract carrier of potatoes owned by another person) who handles potatoes in a manner specified in a plan issued pursuant to this chapter or in the rules and regulations issued thereunder.
(e) The term “producer” means any person engaged in the growing of five or more acres of potatoes.
(f) The term “promotion” means any action taken by the National Potato Promotion Board, pursuant to this chapter, to present a favorable image for potatoes to the public with the express intent of improving their competitive positions and stimulating sales of potatoes and shall include, but shall not be limited to, paid advertising.
(g) The term “importer” means any person who imports tablestock, frozen, or processed potatoes for ultimate consumption by humans or seed potatoes into the United States.
(Pub. L. 91–670, title III, § 303, Jan. 11, 1971, 84 Stat. 2041; Pub. L. 101–624, title XIX, § 1937, Nov. 28, 1990, 104 Stat. 3866.)
heading: Editorial Notes
heading: Amendments
text: 1990—Subsec. (c). Pub. L. 101–624, § 1937(1), substituted “50” for “forty-eight contiguous” and inserted before the period at the end “, and grown in foreign countries and imported into the United States”.
Subsec. (g). Pub. L. 101–624, § 1937(2), added subsec. (g).
7 U.S.C. § 2613 (AGRICULTURE)
§ 2613. Authority for issuance and amendment of plan
To effectuate the declared policy of this chapter, the Secretary shall, subject to the provisions of this chapter, issue and from time to time amend, orders applicable to handlers and importers and shall have authority to issue orders authorizing the collection of assessments on potatoes handled or imported under the provisions of this chapter, and to authorize the use of such funds to provide research, development, advertising, and promotion of potatoes in a manner prescribed in this chapter. Any order issued by the Secretary under this chapter shall hereinafter in this chapter be referred to as a “plan”. Any such plan shall be applicable to potatoes produced in the 50 States of the United States and in foreign countries, if importers are subject to a plan and such potatoes are imported into the United States.
(Pub. L. 91–670, title III, § 304, Jan. 11, 1971, 84 Stat. 2042; Pub. L. 101–624, title XIX, § 1938, Nov. 28, 1990, 104 Stat. 3866.)
heading: Editorial Notes
heading: Amendments
text: 1990—Pub. L. 101–624 substituted “handlers and importers” for “persons engaged in the handling of potatoes (hereinafter referred to as handlers)”, inserted “or imported”, substituted “50” for “forty-eight contiguous”, and inserted before period at end “and in foreign countries, if importers are subject to a plan and such potatoes are imported into the United States”.
7 U.S.C. § 2614 (AGRICULTURE)
§ 2614. Notice and hearings
When sufficient evidence is presented to the Secretary by interested persons, or whenever the Secretary has reason to believe that a plan will tend to effectuate the declared policy of this chapter, he shall give due notice and opportunity for a hearing upon a proposed plan. Such hearing may be requested by any interested person, including the Secretary, when the request for such hearing is accompanied by a proposal for a plan.
(Pub. L. 91–670, title III, § 305, Jan. 11, 1971, 84 Stat. 2042; Pub. L. 101–624, title XIX, § 1939, Nov. 28, 1990, 104 Stat. 3866.)
heading: Editorial Notes
heading: Amendments
text: 1990—Pub. L. 101–624 substituted “interested persons” for “potato producers” in first sentence and “by any interested person, including the Secretary” for “by potato producers or by any other interested person or persons, including the Secretary” in second sentence.
7 U.S.C. § 2624 (AGRICULTURE)
§ 2624. Suspension or termination of plans
(a) Duty of Secretary
The Secretary shall, whenever he finds that a plan or any provision thereof obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of such plan or such provision thereof.
(b) Referendum
The Secretary may conduct a referendum at any time and shall hold a referendum on request of the board or of 10 per centum or more of the potato producers, or of the total number of producers and importers when importers are subject to a plan, to determine if potato producers and importers favor the termination or suspension of the plan, and he shall terminate or suspend such plan at the end of the marketing year whenever he determines that such suspension or termination is favored by a majority of those voting in a referendum, and who produce and import more than 50 per centum of the volume of the potatoes produced and imported by those voting in the referendum.
(c) Limitation
The termination or suspension of any plan, or any provision thereof, shall not be considered the issuance of a plan within the meaning of this chapter.
(Pub. L. 91–670, title III, § 315, Jan. 11, 1971, 84 Stat. 2047; Pub. L. 101–624, title XIX, § 1945, Nov. 28, 1990, 104 Stat. 3868.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (c), was in the original “this part”, and was translated as reading “this title”, meaning title III of Pub. L. 91–670, which enacted this chapter, as the probable intent of Congress, because title III does not contain parts.
heading: Amendments
text: 1990—Subsec. (b). Pub. L. 101–624, § 1945(1), inserted “, or of the total number of producers and importers when importers are subject to a plan,” after first reference to “potato producers”, “and importers” after second reference to “potato producers”, and “and import” after “produce”, and substituted “and imported by those voting in the referendum” for “by the potato producers voting in the referendum”.
Subsec. (c). Pub. L. 101–624, § 1945(2), added subsec. (c).