
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: 7USC2483]

 
                          TITLE 7--AGRICULTURE
 
                  CHAPTER 57--PLANT VARIETY PROTECTION
 
  SUBCHAPTER II--PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF 
                               PROTECTION
 
            Part H--Certificates of Plant Variety Protection
 
Sec. 2483. Contents and term of plant variety protection


(a) Certificate

    (1) Every certificate of plant variety protection shall certify that 
the breeder (or the successor in interest of the breeder),\1\ has the 
right, during the term of the plant variety protection, to exclude 
others from selling the variety, or offering it for sale, or reproducing 
it, or importing it, or exporting it, or using it in producing (as 
distinguished from developing) a hybrid or different variety therefrom, 
to the extent provided by this chapter.
---------------------------------------------------------------------------
    \1\ So in original. The comma probably should not appear.
---------------------------------------------------------------------------
    (2) If the owner so elects, the certificate shall--
        (A) specify that seed of the variety shall be sold in the United 
    States only as a class of certified seed; and
        (B) if so specified, conform to the number of generations 
    designated by the owner.

    (3) An owner may waive a right provided under this subsection, other 
than a right that is elected by the owner under paragraph (2)(A).
    (4) The Secretary may at the discretion of the Secretary permit such 
election or waiver to be made after certificating and amend the 
certificate accordingly, without retroactive effect.

(b) Term

                           (1) In general

        Except as provided in paragraph (2), the term of plant variety 
    protection shall expire 20 years from the date of issue of the 
    certificate in the United States, except that--
            (A) in the case of a tuber propagated plant variety subject 
        to a waiver granted under section 2402(a)(1)(B)(i) of this 
        title, the term of the plant variety protection shall expire 20 
        years after the date of the original grant of the plant 
        breeder's rights to the variety outside the United States; and
            (B) in the case of a tree or vine, the term of the plant 
        variety protection shall expire 25 years from the date of issue 
        of the certificate.

                           (2) Exceptions

        If the certificate is not issued within three years from the 
    effective filing date, the Secretary may shorten the term by the 
    amount of delay in the prosecution of the application attributed by 
    the Secretary to the applicant.

(c) Expiration upon failure to comply with regulations; notice

    The term of plant variety protection shall also expire if the owner 
fails to comply with regulations, in force at the time of certificating, 
relating to replenishing seed in a public repository, or requiring the 
submission of a different name for the variety, except that this 
expiration shall not occur unless notice is mailed to the last owner 
recorded as provided in section 2531(d) of this title and the last owner 
fails, within the time allowed thereafter, not less than three months, 
to comply with said regulations, paying an additional fee to be 
prescribed by the Secretary.

(Pub. L. 91-577, title II, Sec. 83, Dec. 24, 1970, 84 Stat. 1551; Pub. 
L. 96-574, Sec. 14, Dec. 22, 1980, 94 Stat. 3350; Pub. L. 103-349, 
Secs. 7, 13(m), Oct. 6, 1994, 108 Stat. 3140, 3143; Pub. L. 104-127, 
title IX, Sec. 913(b), Apr. 4, 1996, 110 Stat. 1186.)


                               Amendments

    1996--Subsec. (b). Pub. L. 104-127, Sec. 913(b)(1), (2), inserted 
heading, designated first sentence as par. (1), inserted par. heading, 
substituted ``Except as provided in paragraph (2), the term'' for ``The 
term'', designated second sentence as par. (2), and inserted par. 
heading.
    Subsec. (b)(1). Pub. L. 104-127, Sec. 913(b)(3), which directed the 
amendment of par. (2) by striking out ``except that, in the case'' and 
inserting ``except that--'', subpar. (A), and ``(B) in the case'', was 
executed to par. (1) to reflect the probable intent of Congress.
    1994--Subsec. (a). Pub. L. 103-349, Sec. 7(1)(A), designated first 
through fourth sentences as pars. (1) to (4), respectively.
    Subsec. (a)(1). Pub. L. 103-349, Sec. 13(m)(1)(A), which directed 
the substitution of ``(or the successor in interest of the breeder)'' 
for ``(or his successor in interest) his heirs and assignees'', was 
executed by making the substitution for ``(or his successor in interest) 
his heirs or assignees'', to reflect the probable intent of Congress.
    Subsec. (a)(2), (3). Pub. L. 103-349, Sec. 7(1)(B), added pars. (2) 
and (3) and struck out former pars. (2) and (3) which read as follows:
    ``(2) If the owner so elects, the certificate shall also specify 
that in the United States, seed of the variety shall be sold by variety 
name only as a class of certified seed and, if specified, shall also 
conform to the number of generations designated by the owner.
    ``(3) Any rights, or all rights except those elected under the 
preceding sentence, may be waived; and the certificate shall conform to 
such waiver.''
    Subsec. (a)(4). Pub. L. 103-349, Sec. 13(m)(1)(B), substituted ``the 
discretion of the Secretary'' for ``his discretion''.
    Subsec. (b). Pub. L. 103-349, Sec. 7(2), in first sentence 
substituted ``20 years'' for ``eighteen years'' and inserted before 
period at end ``, except that, in the case of a tree or vine, the term 
of the plant variety protection shall expire 25 years from the date of 
issue of the certificate''.
    Subsec. (c). Pub. L. 103-349, Secs. 7(3), 13(m)(2), substituted 
``repository, or requiring the submission of a different name for the 
variety, except that'' for ``repository: Provided, however, That'' and 
``the last owner'' for ``he'' before ``fails''.
    1980--Subsec. (b). Pub. L. 96-574 substituted ``eighteen'' for 
``seventeen''.


                    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.
