Title 7 — Agriculture
Part D · Chapter 57 — Plant Variety Protection
§ 2404. Public interest in wide usage
Statutory text
The Secretary may declare a protected variety open to use on a basis of equitable remuneration to the owner, not less than a reasonable royalty, when the Secretary determines that such declaration is necessary in order to insure an adequate supply of fiber, food, or feed in this country and that the owner is unwilling or unable to supply the public needs for the variety at a price which may reasonably be deemed fair. Such declaration may be, with or without limitation, with or without designation of what the remuneration is to be; and shall be subject to review as under section 2461 or 2462 of this title (any finding that the price is not reasonable being reviewable), and shall remain in effect not more than two years. In the event litigation is required to collect such remuneration, a higher rate may be allowed by the court.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 91–577 title II § 44 · 84 Stat. 1542
Enacted · 7 U.S.C. § 2404
Pub. L. 91–577, title II, § 44, Dec. 24, 1970, 84 Stat. 1547
Source evidence
Code source credit
Pub. L. 91–577, title II, § 44, Dec. 24, 1970, 84 Stat. 1547Enacted provision · exact public law section
Sec. 44. Public Interest In Wide Usage. The Secretary may declare a protected variety open to use on a basis of equitable remuneration to the owner, not less than a reasonable royalty, when he determines that such declaration is necessary in order to insure an adequate supply of fiber, food, or feed in this country and that the owner is unwilling or unable to supply the public needs for the variety at a price which may reasonably be deemed fair. Such declaration may be, with or without limitation, with or without designation of what the remuneration is to be; and shall be subject to review as under section 71 or 72 (any finding that the price is not reasonable being reviewable), and shall remain in effect not more than two years. In the event litigation is required to collect such remuneration, a higher rate may be allowed by the court.Plant Variety Protection Act Amendments of 1994
Pub. L. 103–349 § 13(f) · 108 Stat. 3136
Substituted · 7 U.S.C. § 2404
Pub. L. 103–349 substituted “the Secretary” for “he” before “determines” in first sentence
Source evidence
Code amendment note
Pub. L. 103–349 substituted “the Secretary” for “he” before “determines” in first sentence.Enacted provision · exact public law section
(f) The first sentence of section 44 (7 U.S.C. 2404) is amended by striking “he” and inserting “the Secretary”.Effective date note
Amendment 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.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
1994—Pub. L. 103–349 substituted “the Secretary” for “he” before “determines” in first sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–349 effective 180 days after , see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
Credits
1970–1994 · 2 acts
Show as published
(Pub. L. 91–577, title II, § 44, , 84 Stat. 1547; Pub. L. 103–349, § 13(f), , 108 Stat. 3143.)