7 USC 2562: Presumption of validity; defenses
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7 USC 2562: Presumption of validity; defenses Text contains those laws in effect on November 22, 2024
From Title 7-AGRICULTURECHAPTER 57-PLANT VARIETY PROTECTIONSUBCHAPTER III-PLANT VARIETY PROTECTION AND RIGHTSPart L-Remedies for Infringement of Plant Variety Protection, and Other Actions
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§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.

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