§2504 — Title 7 Agriculture | U.S. Code

Summary

An owner of a plant variety certificate can sue another owner who claims the same variety, and a court can decide which certificate is valid or who owns it. The lawsuit is usually against the person listed in the Plant Variety Protection Office record, and anyone with an interest may join. If opposing parties live in several districts or in another country, the U.S. District Court for the District of Columbia (or a court it sends the case to) can hear the case and arrange service. The Secretary may join but does not have to; if a court rules for an applicant, the Secretary can issue a certificate after getting a certified copy of the judgment and the required paperwork.

Title 7, §2504

Agriculture — Source: USLM XML via OLRC

(a)The owner of a certificate of plant variety protection may have relief against another owner of a certificate of the same variety by civil action, and the court may adjudge the question of validity of the respective certificates, or the ownership of the certificate.

(b)Such suit may be instituted against the party in interest as shown by the record of the Plant Variety Protection Office at the time of the decision complained of, but any party in interest may become a party to the action. If there be adverse parties residing in a plurality of districts not embraced within the same State, or an adverse party residing in a foreign country, the United States District Court for the District of Columbia, or any United States district court to which it may transfer the case, shall have jurisdiction and may issue summons against the adverse parties directed to the marshall of any district in which any adverse party resides. Summons against adverse parties residing in foreign countries may be served by publication or otherwise as the court directs. The Secretary shall not be made a party but the Secretary shall have the right to intervene. Judgment of the court in favor of the right of an applicant to plant variety protection shall authorize the Secretary to issue a certificate of plant variety protection on the filing in the Plant Variety Protection Office of a certified copy of the judgment and on compliance with the requirements of this chapter.

Notes & Related Subsidiaries

Editorial Notes

Codification The text of subsec. (b) of section 2463 of this title, which was transferred to subsec. (b) of this section by Pub. L. 103–349, § 8(c)(1), was based on section 73(b) of Pub. L. 91–577, title II, Dec. 24, 1970, 84 Stat. 1550.

Prior Provisions

A prior section 92 of Pub. L. 91–577 was classified to section 2502 of this title prior to repeal by Pub. L. 103–349.

Amendments

1994—Subsec. (a). Pub. L. 103–349, § 8(b)(2), designated existing provisions as subsec. (a) and struck out at end “The provisions of section 2463(b) of this title shall apply to actions brought under this section.” Subsec. (b). Pub. L. 103–349, §§ 8(c)(1), 13(p), transferred subsec. (b) of section 2463 of this title to subsec. (b) of this section, and substituted “the Secretary” for “he” before “shall have” in fourth sentence. See Codification note above.

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.

§2504 Interfering plant variety protection