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SUBCHAPTER I— PLANT VARIETY PROTECTION OFFICE
Part A— Organization and Publications
§ 2321. Establishment - There is hereby established in the Department of Agriculture an...
§ 2322. Seal - The Plant Variety Protection Office shall have a seal with...
§ 2323. Organization - The organization of the Plant Variety Protection Office shall, except...
§ 2324. Restrictions on employees as to interest in plant variety protection - Employees of the Plant Variety Protection Office shall be ineligible...
§ 2325. Repealed. , , -
§ 2326. Regulations - The Secretary may establish regulations, not inconsistent with law, for...
§ 2327. Plant Variety Protection Board - (a) AppointmentThe Secretary shall appoint a Plant Variety Protection Board....
§ 2328. Library - The Secretary shall maintain a library of scientific and other...
§ 2329. Register of protected plant varieties - The Secretary shall maintain a register of descriptions of United...
§ 2330. Publications - (a) The Secretary may publish, or cause to be published,...
§ 2331. Copies for public libraries - The Secretary may supply printed copies of descriptions, drawings, and...
Part B— Legal Provisions as to the Plant Variety Protection Office
§ 2351. Day for taking action falling on Saturday, Sunday, or holiday - When the day, or the last day, for taking any...
§ 2352. Form of papers filed - The Secretary may by regulations prescribe the form of papers...
§ 2353. Testimony in Plant Variety Protection Office cases - The Secretary may establish regulations for taking affidavits, depositions, and...
§ 2354. Subpoenas; witnesses - (a) The clerk of any United States court for the...
§ 2355. Effect of defective execution - Any document to be filed in the Plant Variety Protection...
§ 2356. Regulations for practice before the Office - The Secretary shall prescribe regulations governing the admission to practice...
§ 2357. Unauthorized practice - Anyone who in the United States engages in direct or...
Part C— Plant Variety Protection Fees
§ 2371. Plant variety protection fees - (a) In generalThe Secretary shall, under such regulations as the...
§ 2372. Payment of plant variety protection fees; return of excess amounts - All fees shall be paid to the Secretary, and the...
SUBCHAPTER II— PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF PROTECTION
Part D— Protectability of Plant Varieties
§ 2401. Definitions and rules of construction - (a) DefinitionsAs used in this chapter:(1) Asexually reproducedThe term “asexually...
§ 2402. Right to plant variety protection; plant varieties protectable - (a) In generalThe breeder of any sexually reproduced, tuber propagated,...
§ 2403. Reciprocity limits - Protection under this chapter may, by regulation, be limited to...
§ 2404. Public interest in wide usage - The Secretary may declare a protected variety open to use...
Part E— Applications; Form; Who May File; Relating Back; Confidentiality
§ 2421. Application for recognition of plant variety rights - (a) An application for a certificate of Plant Variety Protection...
§ 2422. Content of application - (1) The name of the variety except that a temporary...
§ 2423. Joint breeders - (a) When two or more persons are the breeders, one...
§ 2424. Death or incapacity of breeder - Legal representatives of deceased breeders and of those under legal...
§ 2425. Benefit of earlier filing date - (a)(1) An application for a certificate of plant variety protection...
§ 2426. Confidential status of application - Applications for plant variety protection and their contents shall be...
§ 2427. Publication - The Secretary may establish regulations for the publication of information...
Part F— Examinations; Response Time; Initial Appeals
§ 2441. Examination of application - The Secretary shall cause an examination to be made of...
§ 2442. Notice of refusal; reconsideration - (a) Whenever an application is refused, or any objection or...
§ 2443. Initial appeal - When an application for plant variety protection has been refused...
Part G— Appeals to Courts and Other Review
§ 2461. Appeals - From the decisions made under sections 2404, 2443, 2501, and...
§ 2462. Civil action against Secretary - An applicant dissatisfied with a decision under section 2443 or...
§ 2463. Repealed. , , -
Part H— Certificates of Plant Variety Protection
§ 2481. Plant variety protection - (a) If it appears that a certificate of plant variety...
§ 2482. How issued - A certificate of plant variety protection shall be issued in...
§ 2483. Contents and term of plant variety protection - (a) Certificate(1) Every certificate of plant variety protection shall certify...
§ 2484. Correction of Plant Variety Protection Office mistake - Whenever a mistake in a certificate of plant variety protection...
§ 2485. Correction of applicant’s mistake - Whenever a mistake of a clerical or typographical nature, or...
§ 2486. Correction of named breeder - An error as to the naming of a breeder in...
Part I— Reexamination After Issue, and Contested Proceedings
§ 2501. Reexamination after issue - (a) Any person may, within five years after the issuance...
§§ 2502, 2503. Repealed. , , -
§ 2504. Interfering plant variety protection - (a) The owner of a certificate of plant variety protection...
SUBCHAPTER III— PLANT VARIETY PROTECTION AND RIGHTS
Part J— Ownership and Assignment
§ 2531. Ownership and assignment - (a) Subject to the provisions of this subchapter, plant variety...
§ 2532. Ownership during testing - An owner who, with notice that release is for testing...
Part K— Infringement of Plant Variety Protection
§ 2541. Infringement of plant variety protection - (a) Acts constituting infringementExcept as otherwise provided in this subchapter,...
§ 2542. Grandfather clause - Nothing in this chapter shall abridge the right of any...
§ 2543. Right to save seed; crop exemption - Except to the extent that such action may constitute an...
§ 2544. Research exemption - The use and reproduction of a protected variety for plant...
§ 2545. Intermediary exemption - Transportation or delivery by a carrier in the ordinary course...
Part L— Remedies for Infringement of Plant Variety Protection, and Other Actions
§ 2561. Remedy for infringement of plant variety protection - An owner shall have remedy by civil action for infringement...
§ 2562. Presumption of validity; defenses - (a) Certificates of plant variety protection shall be presumed valid....
§ 2563. Injunction - The several courts having jurisdiction of cases under this subchapter...
§ 2564. Damages - (a) Upon finding an infringement the court shall award damages...
§ 2565. Attorney fees - The court in exceptional cases may award reasonable attorney fees...
§ 2566. Time limitation on damages - (a) No recovery shall be had for that part of...
§ 2567. Limitation of damages; marking and notice - Owners may give notice to the public by physically associating...
§ 2568. False marking; cease and desist orders - (a) Each of the following acts, if performed in connection...
§ 2569. Nonresident proprietors; service and notice - Every owner not residing in the United States may file...
§ 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...
Part M— Intent and Severability
§ 2581. Intent - It is the intent of Congress to provide the indicated...
§ 2582. Severability - If this chapter is held unconstitutional as to some provisions...
§ 2583. Repealed. , , -