§2462 — Title 7 Agriculture | U.S. Code

Summary

An applicant who disagrees with a decision under sections 2443 or 2501 may sue the Secretary in the U.S. District Court in D.C. instead of appealing, but must file within 60 days. The court can order a plant‑variety protection certificate for the named variety if the facts and the chapter’s requirements show the applicant is entitled to it.

Title 7, §2462

Agriculture — Source: USLM XML via OLRC

An applicant dissatisfied with a decision under section 2443 or 2501 of this title, may, as an alternative to appeal, have remedy by civil action against the Secretary in the United States District Court for the District of Columbia. Such action shall be commenced within sixty days after such decision or within such further time as the Secretary allows. The court may, in the case of review of a decision by the Secretary refusing plant variety protection, adjudge that such applicant is entitled to receive a certificate of plant variety protection for the variety as specified in the application as the facts of the case may appear, on compliance with the requirements of this chapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Pub. L. 103–349, which directed that the second sentence be amended by substituting “the variety as specified in the application” for “his variety as specified in his application”, was executed by making the substitution in the third sentence, to reflect the probable intent of Congress.

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.

§2462 Civil Action Against Secretary