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

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 for sale for other than reproductive purposes, to sell such saved seed to other persons so engaged, for reproduc- tive purposes, provided such sale is in compliance with such State laws governing the sale of seed as may be applicable.’’ Pub. L. 103–349, § 13(s)(2), substituted ‘‘the actions of the purchaser’’ for ‘‘his actions’’ in third 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. § 2544. Research exemption The use and reproduction of a protected vari- ety for plant breeding or other bona fide re- search shall not constitute an infringement of the protection provided under this chapter. (Pub. L. 91–577, title III, § 114, Dec. 24, 1970, 84 Stat. 1555.) § 2545. Intermediary exemption Transportation or delivery by a carrier in the ordinary course of its business as a carrier, or advertising by a person in the advertising busi- ness in the ordinary course of that business, shall not constitute an infringement of the pro- tection provided under this chapter. (Pub. L. 91–577, title III, § 115, Dec. 24, 1970, 84 Stat. 1555.) PART L—REMEDIES FOR INFRINGEMENT OF PLANT VARIETY PROTECTION, AND OTHER AC- TIONS § 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. If a variety is sold under the name of a variety shown in a certifi- cate, there is a prima facie presumption that it is the same variety. (Pub. L. 91–577, title III, § 121, Dec. 24, 1970, 84 Stat. 1556; Pub. L. 103–349, § 13(t), Oct. 6, 1994, 108 Stat. 3144.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–349 struck out ‘‘his’’ before ‘‘plant’’ in first 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. § 2562. Presumption of validity; defenses (a) Certificates of plant variety protection shall be presumed valid. The burden of estab- lishing invalidity of a plant variety protection shall rest on the party asserting invalidity. (b) The following shall be defenses in any ac- tion charging infringement and shall be pleaded: (1) noninfringement, absence of liability for in- fringement, or unenforceability; (2) invalidity of the plant variety protection in suit on any ground specified in section 2402 of this title as a condition for protectability; (3) invalidity of the plant variety protection in suit for failure to comply with any requirement of section 2422 of this title; (4) that the asserted infringement was performed under an existing certificate adverse to that asserted and prior to notice of the in- fringement; and (5) any other fact or act made a defense by this chapter. (Pub. L. 91–577, title III, § 122, Dec. 24, 1970, 84 Stat. 1556.) § 2563. Injunction The several courts having jurisdiction of cases under this subchapter may grant injunctions in accordance with the principles of equity to pre- vent the violation of any right hereunder on such terms as the court deems reasonable. (Pub. L. 91–577, title III, § 123, Dec. 24, 1970, 84 Stat. 1556.) § 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 rea- sonable 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 ei-