FEDERAL · 7 U.S.C. · Chapter SUBCHAPTER III—PLANT VARIETY PROTECTION AND RIGHTS
Presumption of validity; defenses
7 U.S.C. § 2562
This text of 7 U.S.C. § 2562 (Presumption of validity; defenses) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
7 U.S.C. § 2562.
Text
(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
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Source Credit
History
(Pub. L. 91–577, title III, §122, Dec. 24, 1970, 84 Stat. 1556.)
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Bluebook (online)
7 U.S.C. § 2562, Counsel Stack Legal Research, https://law.counselstack.com/usc/7/2562.