美国植物品种保护法

原文名称：    United States Code TITLE 7 – AGRICULTURE CHAPTER 57 - PLANT VARIETY PROTECTION

关键词：       美国 植物品种保护 植物新品种 USA UPOV plant variety protection plant breeders’right

颁布日期：1900

摘要：  This Chapter is divided into three sub-chapters as follows: Plant Variety Protection Office (1); Protectability of plant varieties and certificates of protection (2); Plant variety protection and rights (3). 
      The Plant Variety Protection Office is created under the Department of Agriculture and among other duties, it shall keep a register of protected plant varieties. 
      After defining terms such as basic seed, essentially derived variety and variety, sub-chapter 2 stipulates that the breeder of any sexually reproduced or tuber propagated plant variety (other than fungi or bacteria), shall be entitled to plant variety protection for the variety, subject to the conditions and requirements of the Chapter. The variety must be new, distinct, uniform and stable. The Secretary of Agriculture may declare a protected variety open to use on a basis of equitable remuneration to the owner, when he determines it necessary in order to ensure an adequate supply of fiber, food, or feed and that the owner is unwilling or unable to supply the public needs for the variety at a price which may reasonably be deemed fair. Sections 2421-2423 specify application procedures and requirements. In case of refusal, the applicant(s) may lodge an appeal with the Secretary. Every certificate of plant variety protection shall certify that the breeder has the right, during the term of the plant variety protection, to exclude others from selling the variety, or offering it for sale, or reproducing it, or importing it, or exporting it, or using it in producing (as distinguished from developing) a hybrid or different variety therefrom. The remainder of the Chapter deals with infringements of plant variety protection, and a grandfather clause stating that 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.

附件：美国植物品种保护法.pdf