
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC2404]

 
                          TITLE 7--AGRICULTURE
 
                  CHAPTER 57--PLANT VARIETY PROTECTION
 
  SUBCHAPTER II--PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF 
                               PROTECTION
 
                Part D--Protectability of Plant Varieties
 
Sec. 2404. Public interest in wide usage

    The Secretary may declare a protected variety open to use on a basis 
of equitable remuneration to the owner, not less than a reasonable 
royalty, when the Secretary determines that such declaration is 
necessary in order to insure an adequate supply of fiber, food, or feed 
in this country and that the owner is unwilling or unable to supply the 
public needs for the variety at a price which may reasonably be deemed 
fair. Such declaration may be, with or without limitation, with or 
without designation of what the remuneration is to be; and shall be 
subject to review as under section 2461 or 2462 of this title (any 
finding that the price is not reasonable being reviewable), and shall 
remain in effect not more than two years. In the event litigation is 
required to collect such remuneration, a higher rate may be allowed by 
the court.

(Pub. L. 91-577, title II, Sec. 44, Dec. 24, 1970, 84 Stat. 1547; Pub. 
L. 103-349, Sec. 13(f), Oct. 6, 1994, 108 Stat. 3143.)


                               Amendments

    1994--Pub. L. 103-349 substituted ``the Secretary'' for ``he'' 
before ``determines'' in first sentence.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-349 effective 180 days after Oct. 6, 1994, 
see section 15 of Pub. L. 103-349, set out as a note under section 2401 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2327, 2461 of this title.
