7 U.S.C. § 2321 — Establishment

Page 1495 TITLE 7—AGRICULTURE § 2321 Sec. 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. 2372. Payment of plant variety protection fees; re- turn 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. 2402. Right to plant variety protection; plant vari- eties protectable. 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 Repealed.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 protec- tion. 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 Repealed. 2504.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. 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. Sec. 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. SUBCHAPTER I—PLANT VARIETY PROTECTION OFFICE PART A—ORGANIZATION AND PUBLICATIONS § 2321. Establishment There is hereby established in the Department of Agriculture an office to be known as the Plant Variety Protection Office, which shall have the functions set forth in this chapter. (Pub. L. 91–577, title I, § 1, Dec. 24, 1970, 84 Stat. 1542; Pub. L. 96–574, § 1, Dec. 22, 1980, 94 Stat. 3350.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–574 substituted ‘‘an office’’ for ‘‘a bu- reau’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 91–577, title III, § 141, Dec. 24, 1970, 84 Stat. 1558, provided that: ‘‘This Act [this chapter] shall take effect upon enactment [Dec. 24, 1970]. Applications may be filed with the Secretary and held by him until the Office of Plant Variety Protection is organized and in operation’’. SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–349, § 1(a), Oct. 6, 1994, 108 Stat. 3136, pro- vided that: ‘‘This Act [amending sections 2327, 2330, 2353, 2354, 2357, 2401, 2402, 2404, 2422, 2423, 2424, 2425, 2442, 2461, 2462, 2463, 2482, 2483, 2486, 2501, 2504, 2532, 2541, 2542, 2543, 2561, 2566, 2567, 2568, and 2570 of this title, repealing sections 2463, 2502 and 2503 of this title, and enacting provisions set out as notes under section 2401 of this title] may be cited as the ‘Plant Variety Protection Act Amendments of 1994’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–560, § 1, Oct. 28, 1992, 106 Stat. 4230, pro- vided that: ‘‘This Act [enacting section 2570 of this title and section 296 of Title 35, Patents, amending section 2541 of this title and section 271 of Title 35, and enact- ing provisions set out as a note under section 2541 of this title] may be cited as the ‘Patent and Plant Vari- ety Protection Remedy Clarification Act’.’’ SHORT TITLE Pub. L. 91–577, title III, § 145, Dec. 24, 1970, 84 Stat. 1559, provided that: ‘‘This Act [enacting this chapter, section 1611 of this title, and sections 1545 and 2353 of Title 28, Judiciary and Judicial Procedure, amending section 1562 of this title and sections 1338 and 1498 of Title 28, and enacting provisions set out as notes under this section] may be cited as the ‘Plant Variety Protec- tion Act’.’’ Page 1496 TITLE 7—AGRICULTURE § 2322 § 2322. Seal The Plant Variety Protection Office shall have a seal with which documents and certificates ev- idencing plant variety protection shall be au- thenticated. (Pub. L. 91–577, title I, § 2, Dec. 24, 1970, 84 Stat. 1542.) § 2323. Organization The organization of the Plant Variety Protec- tion Office shall, except as provided herein, be determined by the Secretary of Agriculture (hereinafter called the Secretary). The office shall devote itself substantially exclusively to the administration of this chapter. (Pub. L. 91–577, title I, § 3, Dec. 24, 1970, 84 Stat. 1542.) § 2324. Restrictions on employees as to interest in plant variety protection Employees of the Plant Variety Protection Of- fice shall be ineligible during the periods of their employment, to apply for plant variety protection and to acquire directly or indirectly, except by inheritance or bequest, any right or interest in any matters before that office. This section shall not apply to members of the Plant Variety Protection Board who are not otherwise employees of the Plant Variety Protection Of- fice. (Pub. L. 91–577, title I, § 4, Dec. 24, 1970, 84 Stat. 1542.) § 2325. Repealed. Pub. L. 96–574, § 2, Dec. 22, 1980, 94 Stat. 3350 Section, Pub. L. 91–577, title I, § 5, Dec. 24, 1970, 84 Stat. 1542, required employees designated by Secretary to give bond before entering upon their duties. § 2326. Regulations The Secretary may establish regulations, not inconsistent with law, for the conduct of pro- ceedings in the Plant Variety Protection Office after consultations with the Plant Variety Pro- tection Board. (Pub. L. 91–577, title I, § 6, Dec. 24, 1970, 84 Stat. 1542.) § 2327. Plant Variety Protection Board (a) Appointment The Secretary shall appoint a Plant Variety Protection Board. The Board shall consist of in- dividuals who are experts in various areas of va- rietal development covered by this chapter. Membership of the Board shall include farmer representation and shall be drawn approxi- mately equally from the private or seed indus- try sector and from the sector of government or the public. The Secretary or the designee of the Secretary shall act as chairperson of the Board without voting rights except in the case of ties. (b) Functions of Board The functions of the Plant Variety Protection Board shall include: (1) Advising the Secretary concerning the adoption of Rules and Regulations to facili- tate the proper administration of this chapter; (2) Making advisory decisions on all appeals from the examiner. The Board shall determine whether to act as a full Board or by panels it selects; and whether to review advisory deci- sions made by a panel. For service on such ap- peals, the Board may select, as temporary members, experts in the area to which the par- ticular appeal relates; and (3) Advising the Secretary on all questions under section 2404 of this title. (c) Compensation of Board The members of the Plant Variety Protection Board shall serve without compensation except for standard government reimbursable expenses. (Pub. L. 91–577, title I, § 7, Dec. 24, 1970, 84 Stat. 1543; Pub. L. 103–349, § 13(a), Oct. 6, 1994, 108 Stat. 3142.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–349 substituted ‘‘the des- ignee of the Secretary shall act as chairperson’’ for ‘‘his designee shall act as chairman’’ in last sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title. § 2328. Library The Secretary shall maintain a library of sci- entific and other works and periodicals, both foreign and domestic, in the Plant Variety Pro- tection Office to aid the examiners in the dis- charge of their duties. (Pub. L. 91–577, title I, § 8, Dec. 24, 1970, 84 Stat. 1543; Pub. L. 96–574, § 3, Dec. 22, 1980, 94 Stat. 3350.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–574 substituted ‘‘examiners’’ for ‘‘of- ficers’’. § 2329. Register of protected plant varieties The Secretary shall maintain a register of de- scriptions of United States protected plant vari- eties. (Pub. L. 91–577, title I, § 9, Dec. 24, 1970, 84 Stat. 1543; Pub. L. 96–574, § 4, Dec. 22, 1980, 94 Stat. 3350.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–574 substituted ‘‘descriptions’’ for ‘‘published specifications’’, and struck out provisions requiring maintenance of a file for other information. § 2330. Publications (a) The Secretary may publish, or cause to be published, in such format as the Secretary shall determine to be suitable, the following: (1) The descriptions of plant varieties pro- tected including drawings and photographs.