2019 US Code
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
| 7 U.S.C. § 2562 (2019) |
| §2562. Presumption of validity; defenses |
|
(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. |
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(Pub. L. 91–577, title III, §122, Dec. 24, 1970, 84 Stat. 1556.) |
| United States Code, 2018 Edition, Supplement 1, Title 7 - AGRICULTURE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| 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 |
| section 2562 |
| 2019 |
| January 24, 2020 |
| No |
| standard |
| 84 Stat. 1556 |
| Public Law 91-577 |
