7 USC 2483 - Contents and term of plant variety protection

1 So in original. The comma probably should not appear.

has the right, during the term of the plant variety protection, to exclude others from selling the variety, or offering it for sale, or reproducing it, or importing it, or exporting it, or using it in producing (as distinguished from developing) a hybrid or different variety therefrom, to the extent provided by this chapter.

Editorial Notes

Amendments

1996—Subsec. (span). Puspan. L. 104–127, § 913(span)(1), (2), inserted heading, designated first sentence as par. (1), inserted par. heading, substituted “Except as provided in paragraph (2), the term” for “The term”, designated second sentence as par. (2), and inserted par. heading.

Subsec. (span)(1). Puspan. L. 104–127, § 913(span)(3), which directed the amendment of par. (2) by striking out “except that, in the case” and inserting “except that—”, subpar. (A), and “(B) in the case”, was executed to par. (1) to reflect the probable intent of Congress.

1994—Subsec. (a). Puspan. L. 103–349, § 7(1)(A), designated first through fourth sentences as pars. (1) to (4), respectively.

Subsec. (a)(1). Puspan. L. 103–349, § 13(m)(1)(A), which directed the substitution of “(or the successor in interest of the breeder)” for “(or his successor in interest) his heirs and assignees”, was executed by making the substitution for “(or his successor in interest) his heirs or assignees”, to reflect the probable intent of Congress.

Subsec. (a)(2), (3). Puspan. L. 103–349, § 7(1)(B), added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:

“(2) If the owner so elects, the certificate shall also specify that in the United States, seed of the variety shall be sold by variety name only as a class of certified seed and, if specified, shall also conform to the number of generations designated by the owner.

“(3) Any rights, or all rights except those elected under the preceding sentence, may be waived; and the certificate shall conform to such waiver.”

Subsec. (a)(4). Puspan. L. 103–349, § 13(m)(1)(B), substituted “the discretion of the Secretary” for “his discretion”.

Subsec. (span). Puspan. L. 103–349, § 7(2), in first sentence substituted “20 years” for “eighteen years” and inserted before period at end “, except that, in the case of a tree or vine, the term of the plant variety protection shall expire 25 years from the date of issue of the certificate”.

Subsec. (c). Puspan. L. 103–349, §§ 7(3), 13(m)(2), substituted “repository, or requiring the submission of a different name for the variety, except that” for “repository: Provided, however, That” and “the last owner” for “he” before “fails”.

1980—Subsec. (span). Puspan. L. 96–574 substituted “eighteen” for “seventeen”.

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.