Title 7 — AgricultureRelease 119-73not60
§2561 Remedy for Infringement of Plant Variety Protection
Title 7 › Chapter 57— PLANT VARIETY PROTECTION › Subchapter III— PLANT VARIETY PROTECTION AND RIGHTS › Part L— Remedies for Infringement of Plant Variety Protection, and Other Actions › § 2561
Summary
An owner may sue for unauthorized use of a protected plant variety. If a plant is sold under the certified name, it is presumed to be that same variety.
Full Legal Text
Title 7, §2561
Agriculture — Source: USLM XML via OLRC
An owner shall have remedy by civil action for infringement of plant variety protection under section 2541 of this title. If a variety is sold under the name of a variety shown in a certificate, there is a prima facie presumption that it is the same variety.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1994—Pub. L. 103–349 struck out “his” before “plant” 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. § 2561
Title 7 — Agriculture
Last Updated
Apr 3, 2026
Release point: 119-73not60