
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: 7USC2541]

 
                          TITLE 7--AGRICULTURE
 
                  CHAPTER 57--PLANT VARIETY PROTECTION
 
           SUBCHAPTER III--PLANT VARIETY PROTECTION AND RIGHTS
 
            Part K--Infringement of Plant Variety Protection
 
Sec. 2541. Infringement of plant variety protection


(a) Acts constituting infringement

    Except as otherwise provided in this subchapter, it shall be an 
infringement of the rights of the owner of a protected variety to 
perform without authority, any of the following acts in the United 
States, or in commerce which can be regulated by Congress or affecting 
such commerce, prior to expiration of the right to plant variety 
protection but after either the issue of the certificate or the 
distribution of a protected plant variety with the notice under section 
2567 of this title:
        (1) sell or market the protected variety, or offer it or expose 
    it for sale, deliver it, ship it, consign it, exchange it, or 
    solicit an offer to buy it, or any other transfer of title or 
    possession of it;
        (2) import the variety into, or export it from, the United 
    States;
        (3) sexually multiply, or propagate by a tuber or a part of a 
    tuber, the variety as a step in marketing (for growing purposes) the 
    variety;
        (4) use the variety in producing (as distinguished from 
    developing) a hybrid or different variety therefrom;
        (5) use seed which had been marked ``Unauthorized Propagation 
    Prohibited'' or ``Unauthorized Seed Multiplication Prohibited'' or 
    progeny thereof to propagate the variety;
        (6) dispense the variety to another, in a form which can be 
    propagated, without notice as to being a protected variety under 
    which it was received;
        (7) condition the variety for the purpose of propagation, except 
    to the extent that the conditioning is related to the activities 
    permitted under section 2543 of this title;
        (8) stock the variety for any of the purposes referred to in 
    paragraphs (1) through (7);
        (9) perform any of the foregoing acts even in instances in which 
    the variety is multiplied other than sexually, except in pursuance 
    of a valid United States plant patent; or
        (10) instigate or actively induce performance of any of the 
    foregoing acts.

(b) Uses authorized by owner

    (1) Subject to paragraph (2), the owner of a protected variety may 
authorize the use of the variety under this section subject to 
conditions and limitations specified by the owner.
    (2) In the case of a contract between a seed producer and the owner 
of a protected variety of lawn, turf, or forage grass seed, or alfalfa 
or clover seed for the production of seed of the protected variety, the 
producer shall be deemed to be authorized by the owner to sell such seed 
and to use the variety if--
        (A) the producer has fulfilled the terms of the contract;
        (B) the owner refuses to take delivery of the seed or refuses to 
    pay any amounts due under the contract within 30 days of the payment 
    date specified in the contract; and
        (C) after the expiration of the period specified in subparagraph 
    (B), the producer notifies the owner of the producer's intent to 
    sell the seed and unless the owner fails to pay the amounts due 
    under the contract and take delivery of the seed within 30 days of 
    such notification. For the purposes of this paragraph, the term 
    ``owner'' shall include any licensee of the owner.

    (3) Paragraph (2) shall apply to contracts entered into with respect 
to plant varieties protected under this chapter as in effect on the day 
before the effective date of this provision as well as plant varieties 
protected under this chapter as amended by the Plant Variety Protection 
Act Amendments of 1994.
    (4) Nothing in this subsection shall affect any other rights or 
remedies of producers or owners that may exist under other Federal or 
State laws.

(c) Applicability to certain plant varieties

    This section shall apply equally to--
        (1) any variety that is essentially derived from a protected 
    variety, unless the protected variety is an essentially derived 
    variety;
        (2) any variety that is not clearly distinguishable from a 
    protected variety;
        (3) any variety whose production requires the repeated use of a 
    protected variety; and
        (4) harvested material (including entire plants and parts of 
    plants) obtained through the unauthorized use of propagating 
    material of a protected variety, unless the owner of the variety has 
    had a reasonable opportunity to exercise the rights provided under 
    this chapter with respect to the propagating material.

(d) Acts not considered infringing

    It shall not be an infringement of the rights of the owner of a 
variety to perform any act concerning propagating material of any kind, 
or harvested material, including entire plants and parts of plants, of a 
protected variety that is sold or otherwise marketed with the consent of 
the owner in the United States, unless the act involves further 
propagation of the variety or involves an export of material of the 
variety, that enables the propagation of the variety, into a country 
that does not protect varieties of the plant genus or species to which 
the variety belongs, unless the exported material is for final 
consumption purposes.

(e) Private noncommercial uses

    It shall not be an infringement of the rights of the owner of a 
variety to perform any act done privately and for noncommercial 
purposes.

(f) ``Perform without authority'' defined

    As used in this section, the term ``perform without authority'' 
includes performance without authority by any State, any instrumentality 
of a State, and any officer or employee of a State or instrumentality of 
a State acting in the official capacity of the officer or employee. Any 
State, and any such instrumentality, officer, or employee, shall be 
subject to the provisions of this chapter in the same manner and to the 
same extent as any nongovernmental entity.

(Pub. L. 91-577, title III, Sec. 111, Dec. 24, 1970, 84 Stat. 1554; Pub. 
L. 96-574, Sec. 19(a), Dec. 22, 1980, 94 Stat. 3351; Pub. L. 102-560, 
Sec. 3(a), Oct. 28, 1992, 106 Stat. 4231; Pub. L. 103-349, Secs. 9, 
13(q), Oct. 6, 1994, 108 Stat. 3141, 3144.)

                       References in Text

    The effective date of this provision, referred to in subsec. (b)(3), 
probably means the effective date of subsec. (b)(3), which was added by 
Pub. L. 103-349, effective 180 days after Oct. 6, 1994. See Effective 
Date of 1994 Amendment note set out under section 2401 of this title.
    The Plant Variety Protection Act Amendments of 1994, referred to in 
subsec. (b)(3), is Pub. L. 103-349, Oct. 6, 1994, 108 Stat. 3136. For 
complete classification of this Act to the Code, see Short Title of 1994 
Amendment note set out under section 2321 of this title and Tables.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-349, Sec. 9(1)(A), substituted 
``protected'' for ``novel'' in two places in introductory provisions.
    Subsec. (a)(1). Pub. L. 103-349, Sec. 9(1)(B), substituted ``or 
market the protected'' for ``the novel''.
    Subsec. (a)(2). Pub. L. 103-349, Sec. 9(1)(C), struck out ``novel'' 
before ``variety''.
    Subsec. (a)(3). Pub. L. 103-349, Sec. 9(1)(C)-(E), inserted ``, or 
propagate by a tuber or a part of a tuber,'' after ``multiply'', struck 
out ``novel'' before ``variety'', and struck out ``or'' at end.
    Subsec. (a)(4) to (6). Pub. L. 103-349, Sec. 9(1)(C), (E), struck 
out ``novel'' before ``variety'' and struck out ``or'' at end.
    Subsec. (a)(7). Pub. L. 103-349, Sec. 9(1)(G), added par. (7). 
Former par. (7) redesignated (9).
    Pub. L. 103-349, Sec. 9(1)(C), struck out ``novel'' before 
``variety''.
    Subsec. (a)(8). Pub. L. 103-349, Sec. 9(1)(G), added par. (8). 
Former par. (8) redesignated (10).
    Subsec. (a)(9), (10). Pub. L. 103-349, Sec. 9(1)(F), redesignated 
pars. (7) and (8) as (9) and (10), respectively.
    Subsecs. (b) to (e). Pub. L. 103-349, Sec. 9(3), added subsecs. (b) 
to (e). Former subsec. (b) redesignated (f).
    Subsec. (f). Pub. L. 103-349, Secs. 9(2), 13(q), redesignated 
subsec. (b) as (f) and in first sentence substituted ``the official 
capacity of the officer or employee'' for ``his official capacity''.
    1992--Pub. L. 102-560 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1980--Par. (5). Pub. L. 96-574 substituted `` `Unauthorized 
Propagation Prohibited' or `Unauthorized Seed Multiplication Prohibited' 
'' for `` `propagation prohibited' ''.


                    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.


                    Effective Date of 1992 Amendment

    Section 4 of Pub. L. 102-560 provided that: ``The amendments made by 
this Act [enacting section 2570 of this title and section 296 of Title 
35, Patents, and amending this section and section 271 of Title 35] 
shall take effect with respect to violations that occur on or after the 
date of the enactment of this Act [Oct. 28, 1992].''

                  Section Referred to in Other Sections

    This section is referred to in sections 2543, 2561, 2570 of this 
title.
