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.)

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

7 USCDescription of ChangeSession YearPublic LawStatutes at Large

 

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