Page:United States Statutes at Large Volume 108 Part 4.djvu/508

 108 STAT. 3142 PUBLIC LAW 103-349—OCT. 6, 1994 provision as well as plant varieties protected under this Act as amended by the Plant Variety Protection Act Amendments of 1994. "(4) Nothing in this subsection shall affect any other rights or remedies of producers or owners that may exist under other Federal or State laws. "(c) This section shall apply equally to— "(1) any variety that is essentially derived from a protected variety, unless the protected variety is an essentially derived variety; "(2) any variety that is not clearly distinguishable from a protected variety; "(3) any variety whose production requires the repeated use of a protected variety; and "(4) harvested material (including entire plants and parts of plants) obtained through the unauthorized use of propagating material of a protected variety, unless the owner of the variety has had a reasonable opportunity to exercise the rights provided under this Act with respect to the propagating material. "(d) It shall not be an infringement of the rights of the owner of a variety to perform any act concerning propagating material of any kind, or harvested material, including entire plants and parts of plants, of a protected variety that is sold or otherwise marketed with the consent of the owner in the United States, unless the act involves further propagation of the variety or involves an export of material of the variety, that enables the propagation of the variety, into a country that does not protect varieties of the plant genus or species to which the variety belongs, unless the exported material is for final consumption purposes. "(e) It shall not be an infringement of the rights of the owner of a variety to perform any act done privately and for noncommercial purposes.". SEC. 10. RIGHT TO SAVE SEED; CROP EXEMQPTION. The first sentence of section 113 (7 U.S.C. 2543) is amended by striking "section: Provided, That" and all that follows through the period and inserting "section.". SEC. 11. LIMITATION OF DAMAGES; MARKING AND NOTICE. Section 127 (7 U.S.C. 2567) is amended by striking "novel" each place it appears. SEC. 12. OBLIGATION TO USE VARIETY NAME. Section 128(a) (7 U.S.C. 2568(a)) is amended— (1) by inserting "or tubers or parts of tubers" after "plant material; and (2) by adding at the end the following new paragraph: "(4) Failure to use the name of a variety for wmch a certificate of protection has been issued under this Act, 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 Act is required under State law.". SEC. 13. ELIMINATION OF GENDER-BASED REFERENCES. (a) The last sentence of section 7(a) (7 U.S.C. 2327(a)) is amended by striking "his designee shall act as chairman" and inserting "the designee of the Secretary shall act as chairperson".

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