§ 2541. Infringement of plant variety protection

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.

1. 1970

   Pub. L. 91–577 title III § 111 · 84 Stat. 1542

   Enacted · 7 U.S.C. § 2541

   Pub. L. 91–577, title III, § 111, Dec. 24, 1970, 84 Stat. 1554

   Source evidence

   Code source credit
   Pub. L. 91–577, title III, § 111, Dec. 24, 1970, 84 Stat. 1554

   Enacted provision · exact public law section
   Sec. 111. Infringement of Plant Variety Protection. Except as otherwise provided in this title, it shall be an infringement of the rights of the owner of a novel variety to perform without authority, any of the following acts in the United States, or in commerce which can be regulated by Congress or affecting such commerce, prior to expiration of the right to plant variety protection but after either the issue of the certificate or the distribution of a novel plant variety with the notice under section 127: (1) sell the novel variety, or offer it or expose it for sale, deliver it, ship it, consign it, exchange it, or solicit an offer to buy it, or any other transfer of title or possession of it; (2) import the novel variety into, or export it from, the United States; (3) sexually multiply the novel variety as a step in marketing (for growing purposes) the variety; or (4) use the novel variety in producing (as distinguished from developing) a hybrid or different variety therefrom; or (5) use seed which had been marked “propagation prohibited” or progeny thereof to propagate the novel variety; or (6) dispense the novel variety to another, in a form which can be propagated, without notice as to being a protected variety under which it was received; or (7) perform any of the foregoing acts even in instances in which the novel variety is multiplied other than sexually, except in pursuance of a valid United States plant patent; or (8) instigate or actively induce performance of any of the foregoing acts.

2. 1980

   Pub. L. 96–574 § 19(a) · 94 Stat. 3350

   Substituted · 7 U.S.C. § 2541(5)

   Pub. L. 96–574 substituted “ ‘Unauthorized Propagation Prohibited’ or ‘Unauthorized Seed Multiplication Prohibited’ ” for “ ‘propagation prohibited’ ”

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 96–574 substituted “ ‘Unauthorized Propagation Prohibited’ or ‘Unauthorized Seed Multiplication Prohibited’ ” for “ ‘propagation prohibited’ ”.

   Enacted provision · exact public law section
   (a) Section 111(5) of such Act (7 U.S.C. 2541(5)) is amended by striking out “propagation prohibited” and inserting in lieu thereof “ ‘Unauthorized Propagation Prohibited’ or ‘Unauthorized Seed Multiplication Prohibited’ ”.

3. 1992

   Patent and Plant Variety Protection Remedy Clarification Act

   Pub. L. 102–560 § 3(a) · 106 Stat. 4230

   1. Amended · 7 U.S.C. § 2541

      Pub. L. 102–560 designated existing provisions as subsec. (a)

   2. Added · 7 U.S.C. § 2541

      Pub. L. 102–560 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 102–560 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (a) Infringement of Plant Variety Protection.— Section 111 of the Plant Variety Protection Act (7 U.S.C. 2541) is amended— (1) by inserting “(a)” before “Except as otherwise provided”; and (2) by adding at the end thereof the following new subsection: “(b) As used in this section, the term ‘perform without authority’ includes performance without authority by any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity.”.

4. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 9(1)(A) · 108 Stat. 3136

   Substituted · 7 U.S.C. § 2541(a)

   Pub. L. 103–349, § 9(1)(A), substituted “protected” for “novel” in two places in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–349, § 9(1)(A), substituted “protected” for “novel” in two places in introductory provisions.

   Enacted provision · exact public law section
   (A) by striking “novel” the first two places it appears and inserting “protected”;

   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.

5. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 9(1)(B) · 108 Stat. 3136

   Substituted · 7 U.S.C. § 2541(a)(1)

   Pub. L. 103–349, § 9(1)(B), substituted “or market the protected” for “the novel”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 103–349, § 9(1)(B), substituted “or market the protected” for “the novel”.

   Enacted provision · exact public law section
   (B) in paragraph (1), by striking “the novel” and inserting “or market the protected”;

   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.

6. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 9(1)(C) · 108 Stat. 3136

   Struck · 7 U.S.C. § 2541(a)(2)

   Pub. L. 103–349, § 9(1)(C), struck out “novel” before “variety”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 103–349, § 9(1)(C), struck out “novel” before “variety”.

   Enacted provision · exact public law section
   (C) by striking “novel” each place it appears in paragraphs (2) through (7);

   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.

7. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 9(1)(C) · 108 Stat. 3136

   1. Inserted · 7 U.S.C. § 2541(a)(3)

      Pub. L. 103–349, § 9(1)(C)–(E), inserted “, or propagate by a tuber or a part of a tuber,” after “multiply”

   2. Struck · 7 U.S.C. § 2541(a)(3)

      Pub. L. 103–349, § 9(1)(C)–(E), struck out “novel” before “variety”

   3. Struck · 7 U.S.C. § 2541(a)(3)

      Pub. L. 103–349, § 9(1)(C)–(E), struck out “or” at end

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 103–349, § 9(1)(C)–(E), inserted “, or propagate by a tuber or a part of a tuber,” after “multiply”, struck out “novel” before “variety”, and struck out “or” at end.

   Enacted provision · exact public law section
   (C) by striking “novel” each place it appears in paragraphs (2) through (7);

   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.

8. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 9(1)(C) · 108 Stat. 3136

   1. Struck · 7 U.S.C. § 2541(a)(4)(6)

      Pub. L. 103–349, § 9(1)(C), (E), struck out “novel” before “variety”

   2. Struck · 7 U.S.C. § 2541(a)(4)(6)

      Pub. L. 103–349, § 9(1)(C), (E), struck out “or” at end

   Source evidence

   Code amendment note
   Subsec. (a)(4) to (6). Pub. L. 103–349, § 9(1)(C), (E), struck out “novel” before “variety” and struck out “or” at end.

   Enacted provision · exact public law section
   (C) by striking “novel” each place it appears in paragraphs (2) through (7);

   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.

9. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 9(1)(G) · 108 Stat. 3136

   Redesignated · 7 U.S.C. § 2541(a)(7)

   Pub. L. 103–349, § 9(1)(G), added par. (7). Former par. (7) redesignated (9)

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 103–349, § 9(1)(G), added par. (7). Former par. (7) redesignated (9).

   Enacted provision · exact public law section
   (G) by inserting after paragraph (6) the following new paragraphs: “(7) condition the variety for the purpose of propagation, except to the extent that the conditioning is related to the activities permitted under section 113; “(8) stock the variety for any of the purposes referred to in paragraphs (1) through (7);”;

   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.

10. 1994

    Plant Variety Protection Act Amendments of 1994

    Pub. L. 103–349 § 9(1)(C) · 108 Stat. 3136

    Struck · 7 U.S.C. § 2541(a)(7)

    Pub. L. 103–349, § 9(1)(C), struck out “novel” before “variety”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–349, § 9(1)(C), struck out “novel” before “variety”.

    Enacted provision · exact public law section
    (C) by striking “novel” each place it appears in paragraphs (2) through (7);

    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.

11. 1994

    Plant Variety Protection Act Amendments of 1994

    Pub. L. 103–349 § 9(1)(G) · 108 Stat. 3136

    Redesignated · 7 U.S.C. § 2541(a)(8)

    Pub. L. 103–349, § 9(1)(G), added par. (8). Former par. (8) redesignated (10)

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 103–349, § 9(1)(G), added par. (8). Former par. (8) redesignated (10).

    Enacted provision · exact public law section
    (G) by inserting after paragraph (6) the following new paragraphs: “(7) condition the variety for the purpose of propagation, except to the extent that the conditioning is related to the activities permitted under section 113; “(8) stock the variety for any of the purposes referred to in paragraphs (1) through (7);”;

    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.

12. 1994

    Plant Variety Protection Act Amendments of 1994

    Pub. L. 103–349 § 9(1)(F) · 108 Stat. 3136

    Redesignated · 7 U.S.C. § 2541(a)(9); 7 U.S.C. § 2541(a)(10)

    Pub. L. 103–349, § 9(1)(F), redesignated pars. (7) and (8) as (9) and (10), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(9), (10). Pub. L. 103–349, § 9(1)(F), redesignated pars. (7) and (8) as (9) and (10), respectively.

    Enacted provision · exact public law section
    (F) by redesignating paragraphs (7) and (8) as paragraphs (9) and (10), respectively; and

    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.

13. 1994

    Plant Variety Protection Act Amendments of 1994

    Pub. L. 103–349 § 9(3) · 108 Stat. 3136

    Redesignated · 7 U.S.C. § 2541(b)(e)

    Pub. L. 103–349, § 9(3), added subsecs. (b) to (e). Former subsec. (b) redesignated (f)

    Source evidence

    Code amendment note
    Subsecs. (b) to (e). Pub. L. 103–349, § 9(3), added subsecs. (b) to (e). Former subsec. (b) redesignated (f).

    Enacted provision · exact public law section
    (3) by inserting after subsection (a) the following new subsections: “(b) (1) Subject to paragraph (2), the owner of a protected variety may authorize the use of the variety under this section subject to conditions and limitations specified by the owner. “(2) In the case of a contract between a seed producer and the owner of a protected variety of lawn, turf, or forage grass seed, or alfalfa or clover seed for the production of seed of the protected variety, the producer shall be deemed to be authorized by the owner to sell such seed and to use the variety if— “(A) the producer has fulfilled the terms of the contract; “(B) the owner refuses to take delivery of the seed or refuses to pay any amounts due under the contract within 30 days of the payment date specified in the contract; and “(C) after the expiration of the period specified in subparagraph (B), the producer notifies the owner of the producer’s intent to sell the seed and unless the owner fails to pay the amounts due under the contract and take delivery of the seed within 30 days of such notification. For the purposes of this paragraph, the term ‘owner’ shall include any licensee of the owner. “(3) Paragraph (2) shall apply to contracts entered into with respect to plant varieties protected under this Act (7 U.S.C. 2321 et seq.) as in effect on the day before the effective date of this provision as well as plant varieties protected under this Act as amended by the Plant Variety Protection Act Amendments of 1994. “(4) Nothing in this subsection shall affect any other rights or remedies of producers or owners that may exist under other Federal or State laws. “(c) This section shall apply equally to— “(1) any variety that is essentially derived from a protected variety, unless the protected variety is an essentially derived variety; “(2) any variety that is not clearly distinguishable from a protected variety; “(3) any variety whose production requires the repeated use of a protected variety; and “(4) harvested material (including entire plants and parts of plants) obtained through the unauthorized use of propagating material of a protected variety, unless the owner of the variety has had a reasonable opportunity to exercise the rights provided under this Act with respect to the propagating material. “(d) It shall not be an infringement of the rights of the owner of a variety to perform any act concerning propagating material of any kind, or harvested material, including entire plants and parts of plants, of a protected variety that is sold or otherwise marketed with the consent of the owner in the United States, unless the act involves further propagation of the variety or involves an export of material of the variety, that enables the propagation of the variety, into a country that does not protect varieties of the plant genus or species to which the variety belongs, unless the exported material is for final consumption purposes. “(e) It shall not be an infringement of the rights of the owner of a variety to perform any act done privately and for noncommercial purposes.”.

    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.

14. 1994

    Plant Variety Protection Act Amendments of 1994

    Pub. L. 103–349 · 108 Stat. 3136

    Redesignated · 7 U.S.C. § 2541(f)

    Pub. L. 103–349, §§ 9(2), 13(q), redesignated subsec. (b) as (f) and in first sentence substituted “the official capacity of the officer or employee” for “his official capacity”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 103–349, §§ 9(2), 13(q), redesignated subsec. (b) as (f) and in first sentence substituted “the official capacity of the officer or employee” for “his official capacity”.

    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.

15. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 title X § 10108(c) · 132 Stat. 4490

    Inserted · 7 U.S.C. § 2541(a)(3)

    Pub. L. 115–334 inserted “or asexually” after “sexually”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 115–334 inserted “or asexually” after “sexually”.

    Enacted provision · exact public law section
    (c) Infringement of Plant Variety Protection.— Section 111(a)(3) of the Plant Variety Protection Act (7 U.S.C. 2541(a)(3)) is amended by inserting “or asexually” after “sexually”.

18 of 19 references resolved to an enrolled provision · 1 partial