§ 2562. Presumption of validity; defenses
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/usc/title-7/section-2562A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 plant variety protection in suit on any ground specified in section 2402 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 2422 of this title;
(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 chapter.
(Pub. L. 91–577, title III, § 122, Dec. 24, 1970, 84 Stat. 1556.)
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- Pub. L. 91–577, title III, § 122
- 84 Stat. 1556
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§ 2562
Presumption of validity; defenses
Stat. Comp.×1
Pub. L.Pub. L. 91–577, title III, § 122
Stat.84 Stat. 1556
Cites 4Cited by 1 across 1 source