2011 US Code
Title 7 - Agriculture
Chapter 57 - PLANT VARIETY PROTECTION (§§ 2321 - 2583)
Subchapter III - PLANT VARIETY PROTECTION AND RIGHTS (§§ 2531 - 2583)
Part L - Remedies for Infringement of Plant Variety Protection, and Other Actions (§§ 2561 - 2570)
Section 2562 - Presumption of validity; defenses
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 5, Title 7 - AGRICULTURE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 7 - AGRICULTURE CHAPTER 57 - PLANT VARIETY PROTECTION SUBCHAPTER III - PLANT VARIETY PROTECTION AND RIGHTS Part L - Remedies for Infringement of Plant Variety Protection, and Other Actions Sec. 2562 - Presumption of validity; defenses |
| Contains | section 2562 |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 91-577, title III, §122, Dec. 24, 1970, 84 Stat. 1556. |
| Statutes at Large Reference | 84 Stat. 1556 |
| Public Law Reference | Public Law 91-577 |
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(a) Certificates of plant variety protection shall be presumed valid. The burden of establishing invalidity of a plant variety protection shall rest on the party asserting invalidity.
(b) The following shall be defenses in any action charging infringement and shall be pleaded: (1) noninfringement, absence of liability for infringement, or unenforceability; (2) invalidity of the plant variety protection in suit on any ground specified in section 2402 of this title as a condition for protectability; (3) invalidity of the plant variety protection in suit for failure to comply with any requirement of section 2422 of this title; (4) that the asserted infringement was performed under an existing certificate adverse to that asserted and prior to notice of the infringement; and (5) any other fact or act made a defense by this chapter.
(Pub. L. 91–577, title III, §122, Dec. 24, 1970, 84 Stat. 1556.)
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