2013 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 2570 - Liability of States, instrumentalities of States, and State officials for infringement of plant variety protection
Publication Title | United States Code, 2012 Edition, Supplement 1, 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. 2570 - Liability of States, instrumentalities of States, and State officials for infringement of plant variety protection |
Contains | section 2570 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 91-577, title III, §130, as added Pub. L. 102-560, §3(b), Oct. 28, 1992, 106 Stat. 4231; amended Pub. L. 103-349, §13(w), Oct. 6, 1994, 108 Stat. 3144. |
Statutes at Large References | 106 Stat. 4231 108 Stat. 3144 |
Public Law References | Public Law 91-577, Public Law 102-560, Public Law 103-349 |
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(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) of this section 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.
(Pub. L. 91–577, title III, §130, as added Pub. L. 102–560, §3(b), Oct. 28, 1992, 106 Stat. 4231; amended Pub. L. 103–349, §13(w), Oct. 6, 1994, 108 Stat. 3144.)
AMENDMENTS1994—Subsec. (a). Pub. L. 103–349 substituted "the official capacity of the officer or employee" for "his official capacity".
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 DATESection 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.
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