7 U.S.C. § 2562

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]
Section 2562 - 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 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.

7 U.S.C. § 2562

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