§2404 — Title 7 Agriculture | U.S. Code

Summary

The Secretary can allow people to use a protected plant variety and must pay the owner fair money, at least a reasonable royalty, if doing so is needed to make sure we have enough fiber, food, or feed in this country and the owner won’t or can’t supply it at a fair price. That permission can have limits or not, lasts no more than two years, can be reviewed under sections 2461 or 2462, and a court may approve a higher rate if money must be collected through litigation.

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.

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.

§2404 Public Interest in Wide Usage