An Act to amend section 2 of the Act of June 30, 1954, as amended, providing for the continuance of civil government for the Trust Territory of the Pacific Islands
PL 91-578 (S.3479), enacted 12/24/1970

74 Stat. 855. 
84 STAT. ] 
PUBLIC LAW 91-578-DEC. 24, 1970 
1559 
(b) In section 1338 after "Patents" in the heading, after "patents" 
^2 stat. 931. 
and after "patent" 
(both occurrences) 
insert ", plant variety 
protection". 
(c) After section 2351 add: 
so stat. 624. 
"2353. The Court of appeals has nonexclusive jurisdiction to hear appeals under 
section 71 of the Plant Variety Protection Act." 
(d) In section 1498 add the following new subsection: 
u s''"courrof^"^' 
"(d) Hereafter, whenever a plant variety protected by a certificate claims. " 
of plant variety protection under the laws of the United States shall ,/^^^*^Vcc'*^' 
be infringed by the United States, by a corporation owned or controlled 
by the United States, or by a contractor, subcontractor, or any person, 
firm, or corporation acting for the Government and with the author-
ization and consent of the Government, the exclusive remedy of the 
owner of such certificate shall be by action against the United States 
in the Court of Claims for the recovery of his reasonable and entire 
compensation as damages for such infringement: Provided^ That a 
Government employee shall have a right of action against the Govern-
ment under this subsection except where he was in a position to order, 
influence, or induce use of the protected plant variety by the Govern-
ment: Provided^ however^ That this subsection shall not confer a 
right of action on any certificate owner or any assignee of such owner 
with respect to any protected plant variety made bv a person while 
in the employment or service of the United States, where such variety 
was prepared as a part of the official functions of the employee, or in 
the preparation of which Government time, material, or facilities were 
used: And provided 
further^ That before such action against the 
United States has been instituted, the appropriate corporation owned 
or controlled by the United States or the head of the appropriate 
agency of the Government, as the case may be, is authorized to enter 
into an agreement with the certificate owner in full settlement and 
compromise, for the damages accrued to him bv reason of such 
infringement and to settle the claim administratively out of available 
appropriations." 
Sec. 144. Exempted Plants. 
The provisions of this Act shall not apply to the seeds, plants, or 
transplants of okra, celery, peppers, tomatoes, carrots, and cucumbers. 
Sec. 145. Short Title. 
This Act may be cited as the "Plant Variety Protection Act". 
Approved December 24, 1970. 
Public Law 91-578 
AN ACT 
December 24,1970 
To amend section 2 of the Act of June 30, 1954, as amended, providing for the 
[s. 3479] 
continuance of civil government for the Truist Territory of the Pacific Islands. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of AmsTica in Congress assenibled^ That section 2 of the 
Act of June 30,1954 (Q8 Stat. 330), as amended, is amended by delet- Jovemme'nt''" 
ing "for fiscal year 1969, $5,000,000 in addition to the sums heretofore 
Ap^^prL'tion. 
appropriated, for fiscal year 1970, $50,000,000 and for the fiscal year 
H ^t^'-1213. 
1971, $50,000,000" and inserting in lieu thereof the following: "for note. 
^^^^ 
each of the fiscal years 1971,1972, and 1973, $60,000,000". 
Approved December 24, 1970. 
Pacific Trust