§ 2504. Interfering plant variety protection

469 words·~2 min read·/usc/title-7/section-2504

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(a)The owner of a certificate of plant variety protection may have relief against another owner of a certificate of the same variety by civil action, and the court may adjudge the question of validity of the respective certificates, or the ownership of the certificate.

(b)Such suit may be instituted against the party in interest as shown by the record of the Plant Variety Protection Office at the time of the decision complained of, but any party in interest may become a party to the action. If there be adverse parties residing in a plurality of districts not embraced within the same State, or an adverse party residing in a foreign country, the United States District Court for the District of Columbia, or any United States district court to which it may transfer the case, shall have jurisdiction and may issue summons against the adverse parties directed to the marshall of any district in which any adverse party resides. Summons against adverse parties residing in foreign countries may be served by publication or otherwise as the court directs. The Secretary shall not be made a party but the Secretary shall have the right to intervene. Judgment of the court in favor of the right of an applicant to plant variety protection shall authorize the Secretary to issue a certificate of plant variety protection on the filing in the Plant Variety Protection Office of a certified copy of the judgment and on compliance with the requirements of this chapter.

(Pub. L. 91–577, title II, § 92, formerly § 94, Dec. 24, 1970, 84 Stat. 1553; renumbered § 92 and amended Pub. L. 103–349, §§ 8(b), (c)(1), 13(p), Oct. 6, 1994, 108 Stat. 3140, 3144.)

Connections1 cite this · traces to 2

Cited by 1 section

U.S. Code

§ 2463
Repealed. Pub. L. 103–349, § 8(c)(2), Oct. 6, 1994, 108 Stat. 3141

Traces to 2 documents

U.S. Code

11 references not yet in our index

Pub. L. 91–577, title II, § 92
84 Stat. 1553
Pub. L. 103–349
108 Stat. 3140
Pub. L. 103–349, § 8(c)(1)
section 73(b) of Pub. L. 91–577
84 Stat. 1550
section 92 of Pub. L. 91–577
section 2502 of this title
Pub. L. 103–349, § 8(b)(2)
section 15 of Pub. L. 103–349

Citation graph

cites case law

§ 2504

Interfering plant variety protection

U.S.C.×1

U.S.C.§ 2463

U.S.C.§ 2401

Pub. L.Pub. L. 91–577, title II, § 92

Stat.84 Stat. 1553

Pub. L.Pub. L. 103–349

Stat.108 Stat. 3140

Pub. L.Pub. L. 103–349, § 8(c)(1)

Cites 13 · showing 7Cited by 1 across 1 source