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7 U.S.C. § 2327 — Plant Variety Protection Board

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2327 — Plant Variety Protection Board

**(a) Appointment** The Secretary shall appoint a Plant Variety Protection Board. The Board shall consist of individuals who are experts in various areas of varietal development covered by this chapter. Membership of the Board shall include farmer representation and shall be drawn approximately equally from the private or seed industry 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 facilitate 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 decisions made by a panel. For service on such appeals, the Board may select, as temporary members, experts in the area to which the particular appeal relates; and (3) Advising the Secretary on all questions under [section 2404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2404&num=0&edition=prelim). **(c) Compensation of Board** The members of the Plant Variety Protection Board shall serve without compensation except for standard government reimbursable expenses.

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Source location: Title 7, Chapter 57, § 2327; chapter-057-plant-variety-protection.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2404 — Public interest in wide usage

The Secretary may declare a protected variety open to use on a basis of equitable remuneration to the owner, not less than a reasonable royalty, when the Secretary determines that such declaration is necessary in order to insure an adequate supply of fiber, food, or feed in this country and that the owner is unwilling or unable to supply the public needs for the variety at a price which may reasonably be deemed fair. Such declaration may be, with or without limitation, with or without designation of what the remuneration is to be; and shall be subject to review as under section 2461 or 2462 of this title (any finding that the price is not reasonable being reviewable), and shall remain in effect not more than two years. In the event litigation is required to collect such remuneration, a higher rate may be allowed by the court.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2401 — Definitions and rules of construction

**(a) Definitions** As used in this chapter: (1) **Asexually reproduced** — The term “asexually reproduced” means produced by a method of plant propagation using vegetative material (other than seed) from a single parent, including cuttings, grafting, tissue culture, and propagation by root division. (2) **Basic seed** — The term “basic seed” means the seed planted to produce certified or commercial seed. (3) **Breeder** — The term “breeder” means the person who directs the final breeding creating a variety or who discovers and develops a variety. If the actions are conducted by an agent on behalf of a principal, the principal, rather than the agent, shall be considered the breeder. The term does not include a person who redevelops or rediscovers a variety the existence of which is publicly known or a matter of common knowledge. (4) **Essentially derived variety** (A) *In general* — The term “essentially derived variety” means a variety that— (i) is predominantly derived from another variety (referred to in this paragraph as the “initial variety”) or from a variety that is predominantly derived from the initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety; (ii) is clearly distinguishable from the initial variety; and (iii) except for differences that result from the act of derivation, conforms to the initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety. (B) *Methods* — An essentially derived variety may be obtained by the selection of a natural or induced mutant or of a somaclonal variant, the selection of a variant individual from plants of the

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2327 — Plant Variety Protection Board

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

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