7 U.S.C. § 2531 — Ownership and assignment
submitted 56 years ago by Pub. L. 91-577 to r/title-7-AGRICULTURE · 227 words · no verdicts yet
Plant variety protection is treated as personal property. Applications, ownership interests, licenses, and assignments can be transferred in writing, but later purchasers or mortgagees may defeat an unrecorded transfer.
(a) Subject to this subchapter, plant variety protection has the attributes of personal property.
(b) An application for a plant variety protection certificate, or an interest in a variety, may be assigned in writing. The owner may also use a written instrument to license, grant, or convey an exclusive right to use the variety throughout the United States or in a specified part of it.
(c) An acknowledgment signed and officially sealed by a person authorized to administer oaths in the United States or a foreign country is initial evidence that an assignment, grant, license, or conveyance was executed. The same is true for the acknowledgment of a United States diplomatic or consular officer, or of another oath officer whose authority is proved by such an officer.
(d) A later purchaser or mortgagee who gives value and has no notice is not bound by an assignment, grant, conveyance, or license unless the document, or an acknowledgment by the person creating the encumbrance, is filed with the Plant Variety Protection Office within one month after its date or at least one month before the later purchase or mortgage.
Subject to the provisions of this subchapter, plant variety protection shall have the attributes of personal property.
Applications for certificates of plant variety protection, or any interest in a variety, shall be assignable by an instrument in writing. The owner may in like manner license or grant and convey an exclusive right to use of the variety in the whole or any specified part of the United States.
A certificate of acknowledgment under the hand and official seal of a person authorized to administer oaths within the United States, or in a foreign country, of a diplomatic or consular officer of the United States or an officer authorized to administer oaths whose authority is proved by a certificate of a diplomatic or consular officer of the United States, shall be prima facie evidence of the execution of an assignment, grant, license, or conveyance of plant variety protection or application for plant variety protection.
An assignment, grant, conveyance or license shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it, or an acknowledgment thereof by the person giving such encumbrance that there is such encumbrance, is filed for recording in the Plant Variety Protection Office within one month from its date or at least one month prior to the date of such subsequent purchase or mortgage.
Source credit: (Pub. L. 91–577, title III, § 101, Dec. 24, 1970, 84 Stat. 1554.)
- 1970Enacted · Pub. L. 91-577 · 84 Stat. 1554
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-577 on 1970-12-24.
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