 |
United States Code (Last Updated: May 24, 2014) |
 |
Title 7. AGRICULTURE |
|
Chapter 57. PLANT VARIETY PROTECTION |
|
SubChapter III. PLANT VARIETY PROTECTION AND RIGHTS |
|
Part L. Remedies for Infringement of Plant Variety Protection, and Other Actions |
§ 2562. Presumption of validity; defenses
Latest version.
-
(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.