Sec. 122. PRESUMPTION OF VALIDITY; DEFENSES
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## SEC. 122 PRESUMPTION OF VALIDITY; DEFENSES **[**[7 U.S.C. 2562](/us/usc/t7/s2562)**]** ###
(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 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.
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Sec. 122
PRESUMPTION OF VALIDITY; DEFENSES
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