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7 U.S.C. § 2504 — Interfering plant variety protection

submitted 56 years ago by Pub. L. 91-577 to r/title-7-AGRICULTURE · 249 words · no verdicts yet

in plain englishAI-generated · not legal advice

A plant-variety-protection certificate owner may sue another owner of a certificate for the same variety. The court may decide validity and ownership, with special service and intervention rules.

(a) The certificate owner may bring a civil action against another owner of a certificate for the same variety. The court may decide validity and ownership.

(b) The action may be against the interested party shown in Plant Variety Protection Office records when the challenged decision was made, but any interested party may join. If opposing parties live in districts in different States, or one lives abroad, the District Court for the District of Columbia, or a district court to which it transfers the case, has jurisdiction and may issue summons to the marshal of any district where an opposing party lives. A summons abroad may be served by publication or as the court directs. The Secretary may not be made a party but may intervene. A judgment for an applicant’s right to protection authorizes the Secretary to issue a certificate after a certified judgment copy is filed with the Office and this chapter’s requirements are met.

the actual law source: uscode.house.gov ↗public domain
(a)

The owner of a certificate of plant variety protection may have relief against another owner of a certificate of the same variety by civil action, and the court may adjudge the question of validity of the respective certificates, or the ownership of the certificate.

(b)

Such suit may be instituted against the party in interest as shown by the record of the Plant Variety Protection Office at the time of the decision complained of, but any party in interest may become a party to the action. If there be adverse parties residing in a plurality of districts not embraced within the same State, or an adverse party residing in a foreign country, the United States District Court for the District of Columbia, or any United States district court to which it may transfer the case, shall have jurisdiction and may issue summons against the adverse parties directed to the marshall of any district in which any adverse party resides. Summons against adverse parties residing in foreign countries may be served by publication or otherwise as the court directs. The Secretary shall not be made a party but the Secretary shall have the right to intervene. Judgment of the court in favor of the right of an applicant to plant variety protection shall authorize the Secretary to issue a certificate of plant variety protection on the filing in the Plant Variety Protection Office of a certified copy of the judgment and on compliance with the requirements of this chapter.

Source credit: (Pub. L. 91–577, title II, § 92, formerly § 94, Dec. 24, 1970, 84 Stat. 1553; renumbered § 92 and amended Pub. L. 103–349, §§ 8(b), (c)(1), 13(p), Oct. 6, 1994, 108 Stat. 3140, 3144.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-577 · 84 Stat. 1553
  • 1994Amended · Pub. L. 103-349 · 108 Stat. 3140, 3144

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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