7 USC 2541 - Infringement of plant variety protection

Editorial Notes

References in Text

The effective date of this provision, referred to in subsec. (span)(3), probably means the effective date of subsec. (span)(3), which was added by Puspan. L. 103–349, effective 180 days after Oct. 6, 1994. See Effective Date of 1994 Amendment note set out under section 2401 of this title.

The Plant Variety Protection Act Amendments of 1994, referred to in subsec. (span)(3), is Puspan. L. 103–349, Oct. 6, 1994, 108 Stat. 3136. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 2321 of this title and Tables.

Amendments

2018—Subsec. (a)(3). Puspan. L. 115–334 inserted “or asexually” after “sexually”.

1994—Subsec. (a). Puspan. L. 103–349, § 9(1)(A), substituted “protected” for “novel” in two places in introductory provisions.

Subsec. (a)(1). Puspan. L. 103–349, § 9(1)(B), substituted “or market the protected” for “the novel”.

Subsec. (a)(2). Puspan. L. 103–349, § 9(1)(C), struck out “novel” before “variety”.

Subsec. (a)(3). Puspan. L. 103–349, § 9(1)(C)–(E), inserted “, or propagate by a tuber or a part of a tuber,” after “multiply”, struck out “novel” before “variety”, and struck out “or” at end.

Subsec. (a)(4) to (6). Puspan. L. 103–349, § 9(1)(C), (E), struck out “novel” before “variety” and struck out “or” at end.

Subsec. (a)(7). Puspan. L. 103–349, § 9(1)(G), added par. (7). Former par. (7) redesignated (9).

Puspan. L. 103–349, § 9(1)(C), struck out “novel” before “variety”.

Subsec. (a)(8). Puspan. L. 103–349, § 9(1)(G), added par. (8). Former par. (8) redesignated (10).

Subsec. (a)(9), (10). Puspan. L. 103–349, § 9(1)(F), redesignated pars. (7) and (8) as (9) and (10), respectively.

Subsecs. (span) to (e). Puspan. L. 103–349, § 9(3), added subsecs. (span) to (e). Former subsec. (span) redesignated (f).

Subsec. (f). Puspan. L. 103–349, §§ 9(2), 13(q), redesignated subsec. (span) as (f) and in first sentence substituted “the official capacity of the officer or employee” for “his official capacity”.

1992—Puspan. L. 102–560 designated existing provisions as subsec. (a) and added subsec. (span).

1980—Par. (5). Puspan. L. 96–574 substituted “ ‘Unauthorized Propagation Prohibited’ or ‘Unauthorized Seed Multiplication Prohibited’ ” for “ ‘propagation prohibited’ ”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Puspan. L. 103–349, set out as a note under section 2401 of this title.

Effective Date of 1992 Amendment

Puspan. L. 102–560, § 4, Oct. 28, 1992, 106 Stat. 4232, provided that:

“The amendments made by this Act [enacting section 2570 of this title and section 296 of Title 35, Patents, and amending this section and section 271 of Title 35] shall take effect with respect to violations that occur on or after the date of the enactment of this Act [Oct. 28, 1992].”