7 U.S. Code § 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.

Source

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

 

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