Pub. L. 104-127, tit. IX, subtit. B, sec. 913

PLANT VARIETY PROTECTION FOR CERTAIN TUBER PROPAGATED PLANT VARIETIES.

EnactedYear: 1996Length: 206 wordsOfficial source
SEC. 913. PLANT VARIETY PROTECTION FOR CERTAIN TUBER PROPAGATED PLANT VARIETIES. (a) In General.— Section 42(a)(1)(B)(i) of the Plant Variety Protection Act (7 U.S.C. 2402(a)(1)(B)(i)) is amended by inserting after “filing” the following: “, except that in the case of a tuber propagated plant variety the Secretary may waive the 4-year limitation for a period ending 1 year after the date of enactment of the Federal Agriculture Improvement and Reform Act of 1996”. (b) Term of Protection.— Section 83(b) of the Plant Variety Protection Act (7 U.S.C. 2483(b)) is amended— (1) by striking “(b) The term” and inserting the following: “(b) Term.— “(1) In general.— Except as provided in paragraph (2), the term”; (2) in the second sentence, by striking “If the certificate” and inserting the following: “(2) Exceptions.— If the certificate”; and (3) in paragraph (2) (as so designated), by striking “except that, in the case” and inserting the following: “except that— “(A) in the case of a tuber propagated plant variety subject to a waiver granted under section 42(a)(1)(B)(i), the term of the plant variety protection shall expire 20 years after the date of the original grant of the plant breeder’s rights to the variety outside the United States; and “(B) in the case”.
Pub. L. 104-127, tit. IX, subtit. B, sec. 913: PLANT VARIETY PROTECTION FOR CERTAIN TUBER PROPAGATED PLANT VARIETIES. | Justis AI