Notes on plant variety protection : US Code - Notes

Search Notes on plant variety protection : US Code - Notes

SUBCHAPTER I - PLANT VARIETY PROTECTION OFFICE          

PART A - ORGANIZATION AND PUBLICATIONS              
Sec.                                                     
2321.       Establishment.                                        
2322.       Seal.                                                 
2323.       Organization.                                         
2324.       Restrictions on employees as to interest in plant
variety protection.                                  
2325.       Repealed.                                             
2326.       Regulations.                                          
2327.       Plant Variety Protection Board.                       
2328.       Library.                                              
2329.       Register of protected plant varieties.                
2330.       Publications.                                         
2331.       Copies for public libraries.                          

PART B - LEGAL PROVISIONS AS TO THE PLANT VARIETY PROTECTION OFFICE
2351.       Day for taking action falling on Saturday, Sunday, or
holiday.                                             
2352.       Form of papers filed.                                 
2353.       Testimony in Plant Variety Protection Office cases.   
2354.       Subpoenas; witnesses.                                 
2355.       Effect of defective execution.                        
2356.       Regulations for practice before the Office.           
2357.       Unauthorized practice.                                

PART C - PLANT VARIETY PROTECTION FEES              
2371.       Plant variety protection fees.                        
2372.       Payment of plant variety protection fees; return of
excess amounts.                                      

SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES
OF PROTECTION

PART D - PROTECTABILITY OF PLANT VARIETIES            
2401.       Definitions and rules of construction.                
2402.       Right to plant variety protection; plant varieties
protectable.                                         
2403.       Reciprocity limits.                                   
2404.       Public interest in wide usage.                        

PART E - APPLICATIONS; FORM; WHO MAY FILE; RELATING BACK;
CONFIDENTIALITY
2421.       Application for recognition of plant variety rights.  
2422.       Content of application.                               
2423.       Joint breeders.                                       
2424.       Death or incapacity of breeder.                       
2425.       Benefit of earlier filing date.                       
2426.       Confidential status of application.                   
2427.       Publication.                                          

PART F - EXAMINATIONS; RESPONSE TIME; INITIAL APPEALS       
2441.       Examination of application.                           
2442.       Notice of refusal; reconsideration.                   
2443.       Initial appeal.                                       

PART G - APPEALS TO COURTS AND OTHER REVIEW            
2461.       Appeals.                                              
2462.       Civil action against Secretary.                       
2463.       Repealed.                                             

PART H - CERTIFICATES OF PLANT VARIETY PROTECTION         
2481.       Plant variety protection.                             
2482.       How issued.                                           
2483.       Contents and term of plant variety protection.        
2484.       Correction of Plant Variety Protection Office mistake.
2485.       Correction of applicant's mistake.                    
2486.       Correction of named breeder.                          

PART I - REEXAMINATION AFTER ISSUE, AND CONTESTED PROCEEDINGS   
2501.       Reexamination after issue.                            
2502, 2503. Repealed.                                             
2504.       Interfering plant variety protection.                 

SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS       

PART J - OWNERSHIP AND ASSIGNMENT                 
2531.       Ownership and assignment.                             
2532.       Ownership during testing.                             

PART K - INFRINGEMENT OF PLANT VARIETY PROTECTION         
2541.       Infringement of plant variety protection.             
2542.       Grandfather clause.                                   
2543.       Right to save seed; crop exemption.                   
2544.       Research exemption.                                   
2545.       Intermediary exemption.                               

PART L - REMEDIES FOR INFRINGEMENT OF PLANT VARIETY PROTECTION, AND
OTHER ACTIONS
2561.       Remedy for infringement of plant variety protection.  
2562.       Presumption of validity; defenses.                    
2563.       Injunction.                                           
2564.       Damages.                                              
2565.       Attorney fees.                                        
2566.       Time limitation on damages.                           
2567.       Limitation of damages; marking and notice.            
2568.       False marking; cease and desist orders.               
2569.       Nonresident proprietors; service and notice.          
2570.       Liability of States, instrumentalities of States, and
State officials for infringement of plant variety
protection.                                          

PART M - INTENT AND SEVERABILITY                 
2581.       Intent.                                               
2582.       Severability.                                         
2583.       Repealed.