Page:United States Statutes at Large Volume 112 Part 4.djvu/1048

 112 STAT. 2780 PUBLIC LAW 105-289—OCT. 27, 1998 Public Law 105-289 105th Congress An Act O t 27 19Q8 '^° amend title 35, United States Code, to protect patent owners against the ' ^'' unauthorized sale of plant parts taken from plants illegally reproduced, and [H.R. 1197] for other piuposes. Be it enacted by the Senate and House of Representatives of Plant Patent the United States of America in Congress assembled. Amendments Act of 1998. SECTION 1. SHORT TITLE. 35 USC 1 note. This Act may be cited as the "Plant Patent Amendments Act of 1998". 35 USC 163 note. SEC. 2. FINDINGS AND PURPOSES. (a) FINDINGS. —The Congress makes the following findings: (1) The protection provided by plant patents under title 35, United States Code, dating back to 1930, has historically benefited American agriculture and horticulture and the public by providing an incentive for breeders to develop new plant varieties. (2) Domestic and foreign agricultural trade is rapidly expanding and is very different from the trade of the past. An unforeseen ambiguity in the provisions of title 35, United States Code, is undermining the orderly collection of royalties due breeders holding United States plant patents. (3) Plant parts produced from plants protected by United States plant patents are being taken from illegally reproduced plants and traded in United States markets to the detriment of plant patent holders. (4) Resulting lost royalty income inhibits investment in domestic research and breeding activities associated with a wide variety of crops—an area where the United States has historically enjoyed a strong international position. Such research is the foundation of a strong horticultural industry. (5) Infringers producing such plant parts from unauthorized plants enjoy an unfair competitive advantage over producers who pay royalties on varieties protected by United States plant patents. (b) PURPOSES. —The purposes of this Act are— (1) to clearly and explicitly provide that title 35, United States Code, protects the owner of a plant patent against the unauthorized sale of plant parts taken from plants illegally reproduced; (2) to make the protections provided under such title more consistent with those provided breeders of sexually reproduced plants under the Plant Variety Protection Act (7 U.S.C. 2321

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