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7 U.S.C. § 2570 — Liability of States, instrumentalities of States, and State officials for infringement of plant variety protection

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

7 U.S.C. § 2570 — Liability of States, instrumentalities of States, and State officials for infringement of plant variety protection

**(a)** Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in the official capacity of the officer or employee, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity, for infringement of plant variety protection under [section 2541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2541&num=0&edition=prelim), or for any other violation under this subchapter. **(b)** In a suit described in subsection (a) for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any private entity. Such remedies include damages, interest, costs, and treble damages under [section 2564 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2564&num=0&edition=prelim), and attorney fees under [section 2565 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2565&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_a94ec92739777b44d48810be
Source file: Laws/federal/codes/united-states-code/title-7/section-2570-liability-of-states-instrumentalities-of-states-and-state-officials-for--4014a32b0e.md
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Source location: Title 7, Chapter 57, § 2570; chapter-057-plant-variety-protection.md

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

7 U.S.C. § 2565 — Attorney fees

The court in exceptional cases may award reasonable attorney fees to the prevailing party.

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

7 U.S.C. § 2564 — Damages

**(a)** Upon finding an infringement the court shall award damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the variety by the infringer, together with interest and costs as fixed by the court. **(b)** When the damages are not determined by the jury, the court shall determine them. In either event the court may increase the damages up to three times the amount determined. **(c)** The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances. **(d)** As to infringement prior to, or resulting from a planting prior to, issuance of a certificate for the infringed variety, a court finding the infringer to have established innocent intentions, shall have discretion as to awarding damages.

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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. § 2541 — Infringement of plant variety protection

**(a) Acts constituting infringement** Except as otherwise provided in this subchapter, it shall be an infringement of the rights of the owner of a protected variety to perform without authority, any of the following acts in the United States, or in commerce which can be regulated by Congress or affecting such commerce, prior to expiration of the right to plant variety protection but after either the issue of the certificate or the distribution of a protected plant variety with the notice under [section 2567 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2567&num=0&edition=prelim): (1) sell or market the protected variety, or offer it or expose it for sale, deliver it, ship it, consign it, exchange it, or solicit an offer to buy it, or any other transfer of title or possession of it; (2) import the variety into, or export it from, the United States; (3) sexually or asexually multiply, or propagate by a tuber or a part of a tuber, the variety as a step in marketing (for growing purposes) the variety; (4) use the variety in producing (as distinguished from developing) a hybrid or different variety therefrom; (5) use seed which had been marked “Unauthorized Propagation Prohibited” or “Unauthorized Seed Multiplication Prohibited” or progeny thereof to propagate the variety; (6) dispense the variety to another, in a form which can be propagated, without notice as to being a protected variety under which it was received; (7) condition the variety for the purpose of propagation, except to the extent that the conditioning is related to the activities permitted under [section 2543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2543&num=0&edition=prelim); (8) stock the variety for any of

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

7 U.S.C. § 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.

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

7 U.S.C. § 2570 — Liability of States, instrumentalities of

Page 1512 TITLE 7—AGRICULTURE § 2569 the purpose of deceiving the public, shall be fined not more than $10,000 and not less than $500. (c) Anyone whose business is damaged or is likely to be damaged by an act prohibited in subsection (a) of this section, or is subjected to competition in connection with which such act is performed, may have remedy by civil action. (Pub. L. 91–577, title III, § 128, Dec. 24, 1970, 84 Stat. 1557; Pub. L. 96–574, § 19(c), Dec. 22, 1980, 94 Stat. 3352; Pub. L. 103–349, §§ 12, 13(v), Oct. 6, 1994, 108 Stat. 3142, 3144; Pub. L. 115–334, title X, § 10108(d), Dec. 20, 2018, 132 Stat. 4906.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–334 inserted ‘‘or asexually’’ after ‘‘sexually’’ in introductory provisions. 1994—Subsec. (a). Pub. L. 103–349 inserted ‘‘or tubers or parts of tubers’’ after ‘‘plant material’’ and sub- stituted ‘‘if the Secretary determines’’ for ‘‘if he deter- mines’’ in introductory provisions, and added par. (4). 1980—Subsec. (a)(3). Pub. L. 96–574 substituted provi- sions respecting prohibitions for use of phrases ‘‘Unau- thorized Propagation Prohibited’’ and ‘‘Unauthorized Seed Multiplication Prohibited’’ for provisions respect- ing prohibitions for use of phrase ‘‘propagation prohib- ited’’. 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. § 2569. Nonresident proprietors; service and no- tice Every owner not residing in the United States may file in the Plant Variety Protection Office a written designation stating the name and ad- dress of a person residing within the United States on whom may be served pro

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