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7 U.S.C. § 2541 — Infringement of plant variety protection

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

7 U.S.C. § 2541 — Infringement of plant variety protection

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Stable record: federal_law:legal_authorities:record_usc_c5556d2bc3f8e1bac4fafc53
Source file: Laws/federal/codes/united-states-code/title-7/section-2541-infringement-of-plant-variety-protection--08e351e4c1.md
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Source location: Title 7, Chapter 57, § 2541; chapter-057-plant-variety-protection.md

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**(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 the purposes referred to in paragraphs (1) through (7); (9) perform any of the foregoing acts even in instances in which the variety is multiplied other than sexually, except in pursuance of a valid United States plant patent; or (10) instigate or actively induce performance of any of the foregoing acts. **(b) Uses authorized by owner** (1) Subject to paragraph (2), the owner of a protected variety may authorize the use of the variety under this section subject to conditions and limitations specified by the owner. (2) In the case of a contract between a seed producer and the owner of a protected variety of lawn, turf, or forage grass seed, or alfalfa or clover seed for the production of seed of the protected variety, the producer shall be deemed to be authorized by the owner to sell such seed and to use the variety if— (A) the producer has fulfilled the terms of the contract; (B) the owner refuses to take delivery of the seed or refuses to pay any amounts due under the contract within 30 days of the payment date specified in the contract; and (C) after the expiration of the period specified in subparagraph (B), the producer notifies the owner of the producer’s intent to sell the seed and unless the owner fails to pay the amounts due under the contract and take delivery of the seed within 30 days of such notification. For the purposes of this paragraph, the term “owner” shall include any licensee of the owner. (3) Paragraph (2) shall apply to contracts entered into with respect to plant varieties protected under this chapter as in effect on the day before the effective date of this provision as well as plant varieties protected under this chapter as amended by the Plant Variety Protection Act Amendments of 1994. (4) Nothing in this subsection shall affect any other rights or remedies of producers or owners that may exist under other Federal or State laws. **(c) Applicability to certain plant varieties** This section shall apply equally to— (1) any variety that is essentially derived from a protected variety, unless the protected variety is an essentially derived variety; (2) any variety that is not clearly distinguishable from a protected variety; (3) any variety whose production requires the repeated use of a protected variety; and (4) harvested material (including entire plants and parts of plants) obtained through the unauthorized use of propagating material of a protected variety, unless the owner of the variety has had a reasonable opportunity to exercise the rights provided under this chapter with respect to the propagating material. **(d) Acts not considered infringing** It shall not be an infringement of the rights of the owner of a variety to perform any act concerning propagating material of any kind, or harvested material, including entire plants and parts of plants, of a protected variety that is sold or otherwise marketed with the consent of the owner in the United States, unless the act involves further propagation of the variety or involves an export of material of the variety, that enables the propagation of the variety, into a country that does not protect varieties of the plant genus or species to which the variety belongs, unless the exported material is for final consumption purposes. **(e) Private noncommercial uses** It shall not be an infringement of the rights of the owner of a variety to perform any act done privately and for noncommercial purposes. **(f) “Perform without authority” defined** As used in this section, the term “perform without authority” includes performance without authority by 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. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.

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

7 U.S.C. § 2567 — Limitation of damages; marking and notice

Owners may give notice to the public by physically associating with or affixing to the container of seed of a variety or by fixing to the variety, a label containing either the words “Unauthorized Propagation Prohibited” or the words “Unauthorized Seed Multiplication Prohibited” and after the certificate issues, such additional words as “U.S. Protected Variety”. In the event the variety is distributed by authorization of the owner and is received by the infringer without such marking, no damages shall be recovered against such infringer by the owner in any action for infringement, unless the infringer has actual notice or knowledge that propagation is prohibited or that the variety is a protected variety, in which event damages may be recovered only for infringement occurring after such notice. As to both damages and injunction, a court shall have discretion to be lenient as to disposal of materials acquired in good faith by acts prior to such notice.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2567

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

35 U.S.C. § 271 — Infringement of patent

**(a)** Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent. **(b)** Whoever actively induces infringement of a patent shall be liable as an infringer. **(c)** Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as a contributory infringer. **(d)** No patent owner otherwise entitled to relief for infringement or contributory infringement of a patent shall be denied relief or deemed guilty of misuse or illegal extension of the patent right by reason of his having done one or more of the following: (1) derived revenue from acts which if performed by another without his consent would constitute contributory infringement of the patent; (2) licensed or authorized another to perform acts which if performed without his consent would constitute contributory infringement of the patent; (3) sought to enforce his patent rights against infringement or contributory infringement; (4) refused to license or use any rights to the patent; or (5) conditioned the license of any rights to the patent or the sale of the patented product on the acquisition of a license to rights in another patent or purchase of a separate product, unle

Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 271

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

7 U.S.C. § 2543 — Right to save seed; crop exemption

Except to the extent that such action may constitute an infringement under subsections (3) and (4) of section 2541 11 See References in Text note below. of this title, it shall not infringe any right hereunder for a person to save seed produced by the person from seed obtained, or descended from seed obtained, by authority of the owner of the variety for seeding purposes and use such saved seed in the production of a crop for use on the farm of the person, or for sale as provided in this section. A bona fide sale for other than reproductive purposes, made in channels usual for such other purposes, of seed produced on a farm either from seed obtained by authority of the owner for seeding purposes or from seed produced by descent on such farm from seed obtained by authority of the owner for seeding purposes shall not constitute an infringement. A purchaser who diverts seed from such channels to seeding purposes shall be deemed to have notice under [section 2567 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2567&num=0&edition=prelim) that the actions of the purchaser constitute an infringement.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2543

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2321

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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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2570

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2401

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

35 U.S.C. § 296 — Liability of States, instrumentalities of States, and State officials for infringement of patents

**(a) In General.—** Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his official capacity, 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 a patent under section 271, or for any other violation under this title. **(b) Remedies.—** 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 284, attorney fees under section 285, and the additional remedy for infringement of design patents under section 289.

Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 296

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

7 U.S.C. § 2561 — Remedy for infringement of plant variety protection

An owner shall have remedy by civil action 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). If a variety is sold under the name of a variety shown in a certificate, there is a prima facie presumption that it is the same variety.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2561

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

7 U.S.C. § 2541 — Infringement of plant variety protection

Page 1508 TITLE 7—AGRICULTURE § 2532 purchaser or mortgagee for a valuable consider- ation, without notice, unless it, or an acknowl- edgment thereof by the person giving such en- cumbrance that there is such encumbrance, is filed for recording in the Plant Variety Protec- tion Office within one month from its date or at least one month prior to the date of such subse- quent purchase or mortgage. (Pub. L. 91–577, title III, § 101, Dec. 24, 1970, 84 Stat. 1554.) § 2532. Ownership during testing An owner who, with notice that release is for testing only, releases possession of seed or other sexually reproducible or tuber propagable plant material for testing retains ownership with re- spect thereto; and any diversion from authorized testing, or any unauthorized retention, of such material by anyone who has knowledge that it is under such notice, or who is chargeable with no- tice, is prohibited, and violates the property rights of the owner. Anyone receiving the mate- rial tagged or labeled with the notice is charge- able with the notice. The owner is entitled to remedy and redress in a civil action hereunder. No remedy available by State or local law is hereby excluded. No such notice shall be used, or if used be effective, when the owner has made identical sexually reproducible or tuber propa- gable plant material available to the public, as by sale thereof. (Pub. L. 91–577, title III, § 102, Dec. 24, 1970, 84 Stat. 1554; Pub. L. 103–349, § 8(d)(2), Oct. 6, 1994, 108 Stat. 3141.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–349 inserted ‘‘or tuber propagable’’ after ‘‘sexually reproducible’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 199

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 2541

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