Re: Plant Variety Protection Act

In a message dated 1/1/99 7:47:18 PM Central Standard Time,
dmartin@post.its.mcw.edu writes:

<<  Plant Variety Protection Act >>
Sec. 2568. False marking; cease and desist orders 

     (a) Each of the following acts, if performed in connection with the sale,
offering for sale, or
     advertising of sexually reproducible plant material or tubers or parts of
tubers, is
     prohibited, and the Secretary may, if the Secretary determines after an
opportunity for
     hearing that the act is being so performed, issue an order to cease and
desist, said order
     being binding unless appealed under section 2461 of this title: 
          (1) Use of the words ''U.S. Protected Variety'' or any word or 
          number importing that the material is a variety protected under 
          certificate, when it is not. 
          (2) Use of any wording importing that the material is a variety 
          for which an application for plant variety protection is pending, 
          when it is not. 
          (3) Use of either the phrase ''Unauthorized Propagation 
          Prohibited'' or ''Unauthorized Seed Multiplication Prohibited'' 
          or similar phrase without reasonable basis. Any reasonable basis 
          expires one year after the first sale of the variety except as 
          justified thereafter by a pending application or a certificate 
          still in force. 
          (4) Failure to use the name of a variety for which a 
          certificate of protection has been issued under this chapter, 
          even after the expiration of the certificate, except that lawn, 
          turf, or forage grass seed, or alfalfa or clover seed may be sold 
          without a variety name unless use of the name of a variety for 
          which a certificate of protection has been issued under this 
          chapter is required under State law. 
     (b) Anyone convicted of violating a binding cease and desist order, or of
performing any
     act prohibited in subsection (a) of this section for the purpose of
deceiving the public, shall
     be fined not more than $10,000 and not less than $500. 
     (c) Anyone whose business is damaged or is likely to be damaged by an act
prohibited in
     subsection (a) of this section, or is subjected to competition in
connection with which such
     act is performed, may have remedy by civil action.
Other Mailing lists | Author Index | Date Index | Subject Index | Thread Index