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7 U.S.C. § 2561 — Remedy for infringement of plant variety protection
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_dc2c511abaa8ebc22988bf61
Source file: Laws/federal/codes/united-states-code/title-7/section-2561-remedy-for-infringement-of-plant-variety-protection--d64c82e293.md
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Source location: Title 7, Chapter 57, § 2561; chapter-057-plant-variety-protection.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2541
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Federal law — U.S. Code and appendices · legal_authorities
Page 1510
TITLE 7—AGRICULTURE
§ 2544
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 in-
fringement. A purchaser who diverts seed from
such channels to seeding purposes shall be
deemed to have notice under section 2567 of this
title that the actions of the purchaser con-
stitute an infringement.
(Pub. L. 91–577, title III, § 113, Dec. 24, 1970, 84
Stat. 1555; Pub. L. 103–349, §§ 10, 13(s), Oct. 6, 1994,
108 Stat. 3142, 3144.)
Editorial Notes
REFERENCES IN TEXT
Subsections (3) and (4) of section 2541 of this title, re-
ferred to in text, probably means paragraphs (3) and (4)
of section 2541 of this title, which were redesignated
subsection (a)(3) and (4) of section 2541 of this title by
Pub. L. 102–560, § 3(a), Oct. 28, 1992, 106 Stat. 4231.
AMENDMENTS
1994—Pub. L. 103–349, §§ 10, 13(s)(1), in first sentence
substituted ‘‘produced by the person’’ for ‘‘produced by
him’’, ‘‘the farm of the person’’ for ‘‘his farm’’, and
‘‘section.’’ for ‘‘section: Provided, That without regard
to the provisions of section 2541(3) of this title it shall
not infringe any right hereunder for a person, whose
primary farming occupation is the growing of crops fo
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 2561
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