
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: 7USC2570]

 
                          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. 2570. Liability of States, instrumentalities of States, and 
        State officials for infringement of plant variety protection
        
    (a) 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, shall not be immune, under the 
eleventh amendment of the Constitution of the United States or under any 
other doctrine of sovereign immunity, from suit in Federal court by any 
person, including any governmental or nongovernmental entity, for 
infringement of plant variety protection under section 2541 of this 
title, or for any other violation under this subchapter.
    (b) In a suit described in subsection (a) of this section for a 
violation described in that subsection, remedies (including remedies 
both at law and in equity) are available for the violation to the same 
extent as such remedies are available for such a violation in a suit 
against any private entity. Such remedies include damages, interest, 
costs, and treble damages under section 2564 of this title, and attorney 
fees under section 2565 of this title.

(Pub. L. 91-577, title III, Sec. 130, as added Pub. L. 102-560, 
Sec. 3(b), Oct. 28, 1992, 106 Stat. 4231; amended Pub. L. 103-349, 
Sec. 13(w), Oct. 6, 1994, 108 Stat. 3144.)


                               Amendments

    1994--Subsec. (a). Pub. L. 103-349 substituted ``the official 
capacity of the officer or employee'' for ``his official capacity''.


                    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

    Section effective with respect to violations that occur on or after 
Oct. 28, 1992, see section 4 of Pub. L. 102-560, set out as an Effective 
Date of 1992 Amendment note under section 2541 of this title.
