Title 7 — AgricultureRelease 119-73not60
§2570 Liability of States, Instrumentalities of States, and State Officials 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 › § 2570
Summary
States, state agencies, and officers or employees acting officially cannot claim immunity, including under the Eleventh Amendment, to avoid being sued in federal court for violating plant variety protection or other rules in this part. They can face the same remedies as private parties, including damages, interest, costs, treble damages, and attorney fees.
Full Legal Text
Title 7, §2570
Agriculture — Source: USLM XML via OLRC
(a)Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in the official capacity of the officer or employee, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity, for infringement of plant variety protection under section 2541 of this title, or for any other violation under this subchapter.
(b)In a suit described in subsection (a) for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any private entity. Such remedies include damages, interest, costs, and treble damages under section 2564 of this title, and attorney fees under section 2565 of this title.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1994—Subsec. (a). Pub. L. 103–349 substituted “the official capacity of the officer or employee” for “his official capacity”.
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.
Effective Date
Section effective with respect to violations that occur on or after Oct. 28, 1992, see section 4 of Pub. L. 102–560, set out as an
Effective Date
of 1992 Amendment note under section 2541 of this title.
Reference
Citations & Metadata
Citation
7 U.S.C. § 2570
Title 7 — Agriculture
Last Updated
Apr 3, 2026
Release point: 119-73not60