Amendment of Judicial Code.

Sec. 143. Amendment of Judicial Code. Title 28 of the United States Code, entitled Judicial Code and Judiciary, is amended as follows: (a) After section 1544 add: “Sec. 1545. Decision of the Plant Variety Protection Office. “The Court of Customs and Patent Appeals shall have nonexclusive jurisdiction of appeals under section 71 of the Plant Variety Protect ion Act.” 84 Stat. 1559 (b) In section 1338 after “Patents” in the heading, after “patents” and after “patent” (both occurrences) insert “, plant variety protection”. (c) After section 2351 add: “2353. The Court of appeals has nonexclusive jurisdiction to hear appeals under section 71 of the Plant Variety Protection Act” (d) In section 1498 add the following new subsection: “(d) Hereafter, whenever a plant variety protected by a certificate of plant variety protection under the laws or the United States shall be infringed by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government and with the authorization and consent of the Government, the exclusive remedy of the owner of such certificate shall be by action against the United States in the Court of Claims for the recovery of his reasonable and entire compensation as damages for such infringement: Provided, That a Government employee shall have a right of action against the Government under this subsection except where he was in a position to order, influence, or induce use of the protected plant variety by the Government: Provided, however, That this subsection shall not confer a right of action on any certificate owner or any assignee of such owner with respect to any protected plant variety made by a person while in the employment or service of the United States, where such variety was prepared as a part of the official functions of the employee, or in the preparation of which Government time, material, or facilities were used: And provided further, That before such action against the United States has been instituted, the appropriate corporation owned or controlled by the United States or the head of the appropriate agency of the Government, as the case may be, is authorized to enter into an agreement with the certificate owner in full settlement and compromise, for the damages accrued to him by reason of such infringement and to settle the claim administratively out of available appropriations.”