(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.
Structure US Code
CHAPTER 57— PLANT VARIETY PROTECTION
SUBCHAPTER III— PLANT VARIETY PROTECTION AND RIGHTS
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
§ 2566. Time limitation on damages
§ 2567. Limitation of damages; marking and notice
§ 2568. False marking; cease and desist orders