Title 7 — AgricultureRelease 119-73
§2404 Public interest in wide usage
Title 7 › Chapter CHAPTER 57— - PLANT VARIETY PROTECTION › Subchapter SUBCHAPTER II— - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF PROTECTION › Part Part D— - Protectability of Plant Varieties › § 2404
Summary
The Secretary may open a protected variety for use if the owner is paid fair compensation, not less than a reasonable royalty, when needed to ensure adequate fiber, food, or feed and the owner won’t or can’t supply it at a fair price. The declaration is reviewable, lasts not more than two years, and a court may allow a higher rate if litigation is required.
Full Legal Text
Title 7, §2404
Agriculture — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1994—Pub. L. 103–349 substituted “the Secretary” for “he” before “determines” in first sentence.
Statutory Notes and Related Subsidiaries
Effective Date
of 1994 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
7 U.S.C. § 2404
Title 7 — Agriculture
Last Updated
Apr 6, 2026
Release point: 119-73