7 USC 2483 - Contents and term of plant variety protection

U.S Code last checked for updates: Nov 23, 2024

§ 2483.

Contents and term of plant variety protection

(a)

Certificate

(1)

Every certificate of plant variety protection shall certify that the breeder (or the successor in interest of the breeder),1

 So in original. The comma probably should not appear.

has the right, during the term of the plant variety protection, to exclude others from selling the variety, or offering it for sale, or reproducing it, or importing it, or exporting it, or using it in producing (as distinguished from developing) a hybrid or different variety therefrom, to the extent provided by this chapter.

(2)

If the owner so elects, the certificate shall—

(A)

specify that seed of the variety shall be sold in the United States only as a class of certified seed; and

(B)

if so specified, conform to the number of generations designated by the owner.

(3)

An owner may waive a right provided under this subsection, other than a right that is elected by the owner under paragraph (2)(A).

(4)

The Secretary may at the discretion of the Secretary permit such election or waiver to be made after certificating and amend the certificate accordingly, without retroactive effect.

(b)

Term

(1)

In general

Except as provided in paragraph (2), the term of plant variety protection shall expire 20 years from the date of issue of the certificate in the United States, except that—

(A)

in the case of a tuber propagated plant variety subject to a waiver granted under section 2402(a)(1)(B)(i) of this title, the term of the plant variety protection shall expire 20 years after the date of the original grant of the plant breeder’s rights to the variety outside the United States; and

(B)

in the case of a tree or vine, the term of the plant variety protection shall expire 25 years from the date of issue of the certificate.

(2)

Exceptions

(c)

Expiration upon failure to comply with regulations; notice

(Pub. L. 91–577, title II, § 83, Dec. 24, 1970, 84 Stat. 1551; Pub. L. 96–574, § 14, Dec. 22, 1980, 94 Stat. 3350; Pub. L. 103–349, §§ 7, 13(m), Oct. 6, 1994, 108 Stat. 3140, 3143; Pub. L. 104–127, title IX, § 913(b), Apr. 4, 1996, 110 Stat. 1186.)

cite as: 7 USC 2483