Grandfather clause

  1. Law
  2. USC 7
  3. Agriculture
  4. PLANT VARIETY PROTECTION
  5. PLANT VARIETY PROTECTION AND RIGHTS
  6. Infringement of Plant Variety Protection
  7. Grandfather clause

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§2542. Grandfather clause

Nothing in this chapter shall abridge the right of any person, or the successor in interest of the person, to reproduce or sell a variety developed and produced by such person more than one year prior to the effective filing date of an adverse application for a certificate of plant variety protection.

( Pub. L. 91–577, title III, §112, Dec. 24, 1970, 84 Stat. 1555 ; Pub. L. 103–349, §13(r), Oct. 6, 1994, 108 Stat. 3144 .)

Amendments

1994-Pub. L. 103–349 substituted "the successor in interest of the person" for "his successor in interest".

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.


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