Laws: Cases and Codes : U.S. Code : Title 7


   

U.S. Code as of: 01/03/05
Chapter 57 - Notes
              SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE          
                  PART A - ORGANIZATION AND PUBLICATIONS              
    Sec.                                                     
    2321.       Establishment.                                        
    2322.       Seal.                                                 
    2323.       Organization.                                         
    2324.       Restrictions on employees as to interest in plant
                 variety protection.                                  
    2325.       Repealed.                                             
    2326.       Regulations.                                          
    2327.       Plant Variety Protection Board.                       
                  (a)  Appointment.                                   
                  (b)  Functions of Board.                            
                  (c)  Compensation of Board.                         
    2328.       Library.                                              
    2329.       Register of protected plant varieties.                
    2330.       Publications.                                         
    2331.       Copies for public libraries.                          
    PART B - LEGAL PROVISIONS AS TO THE PLANT VARIETY PROTECTION OFFICE
    2351.       Day for taking action falling on Saturday, Sunday, or
                 holiday.                                             
    2352.       Form of papers filed.                                 
    2353.       Testimony in Plant Variety Protection Office cases.   
    2354.       Subpoenas; witnesses.                                 
    2355.       Effect of defective execution.                        
    2356.       Regulations for practice before the Office.           
    2357.       Unauthorized practice.                                
                  PART C - PLANT VARIETY PROTECTION FEES              
    2371.       Plant variety protection fees.                        
                  (a)  In general.                                    
                  (b)  Late payment penalty.                          
                  (c)  Disposition of funds.                          
                  (d)  Actions for nonpayment.                        
                  (e)  Authorization of appropriations.               
    2372.       Payment of plant variety protection fees; return of
                 excess amounts.                                      
    SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES
                               OF PROTECTION
                PART D - PROTECTABILITY OF PLANT VARIETIES            
    2401.       Definitions and rules of construction.                
                  (a)  Definitions.                                   
                  (b)  Rules of construction.                         
    2402.       Right to plant variety protection; plant varieties
                 protectable.                                         
                  (a)  In general.                                    
                  (b)  Multiple applicants.                           
    2403.       Reciprocity limits.                                   
    2404.       Public interest in wide usage.                        
         PART E - APPLICATIONS; FORM; WHO MAY FILE; RELATING BACK;
                              CONFIDENTIALITY
    2421.       Application for recognition of plant variety rights.  
    2422.       Content of application.                               
    2423.       Joint breeders.                                       
    2424.       Death or incapacity of breeder.                       
    2425.       Benefit of earlier filing date.                       
    2426.       Confidential status of application.                   
    2427.       Publication.                                          
           PART F - EXAMINATIONS; RESPONSE TIME; INITIAL APPEALS       
    2441.       Examination of application.                           
    2442.       Notice of refusal; reconsideration.                   
    2443.       Initial appeal.                                       
                PART G - APPEALS TO COURTS AND OTHER REVIEW            
    2461.       Appeals.                                              
    2462.       Civil action against Secretary.                       
    2463.       Repealed.                                             
             PART H - CERTIFICATES OF PLANT VARIETY PROTECTION         
    2481.       Plant variety protection.                             
    2482.       How issued.                                           
    2483.       Contents and term of plant variety protection.        
                  (a)  Certificate.                                   
                  (b)  Term.                                          
                  (c)  Expiration upon failure to comply with
                        regulations; notice.                          
    2484.       Correction of Plant Variety Protection Office mistake.
    2485.       Correction of applicant's mistake.                    
    2486.       Correction of named breeder.                          
       PART I - REEXAMINATION AFTER ISSUE, AND CONTESTED PROCEEDINGS   
    2501.       Reexamination after issue.                            
    2502, 2503. Repealed.                                             
    2504.       Interfering plant variety protection.                 
           SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS       
                     PART J - OWNERSHIP AND ASSIGNMENT                 
    2531.       Ownership and assignment.                             
    2532.       Ownership during testing.                             
             PART K - INFRINGEMENT OF PLANT VARIETY PROTECTION         
    2541.       Infringement of plant variety protection.             
                  (a)  Acts constituting infringement.                
                  (b)  Uses authorized by owner.                      
                  (c)  Applicability to certain plant varieties.      
                  (d)  Acts not considered infringing.                
                  (e)  Private noncommercial uses.                    
                  (f)  "Perform without authority" defined.           
    2542.       Grandfather clause.                                   
    2543.       Right to save seed; crop exemption.                   
    2544.       Research exemption.                                   
    2545.       Intermediary exemption.                               
    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.                    
    2563.       Injunction.                                           
    2564.       Damages.                                              
    2565.       Attorney fees.                                        
    2566.       Time limitation on damages.                           
    2567.       Limitation of damages; marking and notice.            
    2568.       False marking; cease and desist orders.               
    2569.       Nonresident proprietors; service and notice.          
    2570.       Liability of States, instrumentalities of States, and
                 State officials for infringement of plant variety
                 protection.                                          
                     PART M - INTENT AND SEVERABILITY                 
    2581.       Intent.                                               
    2582.       Severability.                                         
    2583.       Repealed.                                             
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