7 U.S.C. § 2562 — Presumption of validity; defenses
submitted 56 years ago by Pub. L. 91-577 to r/title-7-AGRICULTURE · 133 words · no verdicts yet
Plant variety protection certificates are presumed valid, and the challenger must prove invalidity. The section lists defenses that must be pleaded in an infringement action.
(a) Certificates of plant variety protection is presumed valid. The burden of establishing invalidity of a plant variety protection must rest on the party asserting invalidity. (b) The following is defenses in any action charging infringement and is pleaded: (1) noninfringement, absence of liability for infringement, 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 before notice of the infringement; and (5) any other fact or act made a defense by this chapter.
Certificates of plant variety protection shall be presumed valid. The burden of establishing invalidity of a plant variety protection shall rest on the party asserting invalidity.
The following shall be defenses in any action charging infringement and shall be pleaded: (1) noninfringement, absence of liability for infringement, 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 infringement; and (5) any other fact or act made a defense by this chapter.
Source credit: (Pub. L. 91–577, title III, § 122, Dec. 24, 1970, 84 Stat. 1556.)
- 1970Enacted · Pub. L. 91-577 · 84 Stat. 1556
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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