
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC2562]

 
                          TITLE 7--AGRICULTURE
 
                  CHAPTER 57--PLANT VARIETY PROTECTION
 
           SUBCHAPTER III--PLANT VARIETY PROTECTION AND RIGHTS
 
Part L--Remedies for Infringement of Plant Variety Protection, and Other 
                                 Actions
 
Sec. 2562. Presumption of validity; defenses

    (a) 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.
    (b) 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.

(Pub. L. 91-577, title III, Sec. 122, Dec. 24, 1970, 84 Stat. 1556.)
