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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:
(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
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