§ 2562. Presumption of validity; defenses

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 § 122 · 84 Stat. 1542

   Enacted · 7 U.S.C. § 2562

   (Pub. L. 91–577, title III, § 122, Dec. 24, 1970, 84 Stat. 1556.)

   Source evidence

   Code source credit
   (Pub. L. 91–577, title III, § 122, Dec. 24, 1970, 84 Stat. 1556.)

   Enacted provision · exact public law section
   Sec. 122. 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 shal] 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 42 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 52; (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 Act.

1 of 1 references resolved to an enrolled provision