Page:United States Statutes at Large Volume 84 Part 2.djvu/215

 84 STAT. ]

PUBLIC LAW 91-577-DEC. 24, 1970

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Sec. 25. Effect of Defective Execution. Any document to be filed in the Plant Variety Protection Office and which is required by any law or regulation to be executed in a specified manner may be provisionally accepted by the Secretary despite a defective execution, provided a properly executed document is submitted within such time as may be prescribed. Sec. 26. Regulations for Practice Before the Office. The Secretary shall prescribe regulations governing the admission to practice and conduct of persons representing applicants or other parties before the Plant Variety Protection Office, The Secretary may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Office of Plant Variety Protection any person shown to be incompetent or disreputable or guilty of gross misconduct. Sec. 27. Unauthorized Practice. Anyone who in the United States engages in direct or indirect practice before the Office of Plant Variety Protection while suspended or excluded under section 26, or without being admitted to practice before the Office, shall be liable in a civil action for the return of all money received, and for compensation for damage done by such person and also may be enjoined from such practice. However, there shall be no liability for damage if such person establishes that the work was done competently and without negligence. This section does not apply to anyone who, without a claim of self-sufficiency, works under the supervision of another who stands admitted and is the responsible party; nor to anyone who establishes that he acted only on behalf of any employer by whom he was regularly employed. Chapter 3.—PLANT VARIETY PROTECTION F E E S Sec. 31. Plant Variety Protection Fees; Appropriations. The Secretary shall, under such regulations as he may prescribe, charge and collect reasonable fees for services performed under this Act. The fees authorized shall be recovered to the Treasury of the United States of America, and expenses needed for the administration of this Act shall come through the Nation's regular budgetary, authorization, and appropriations process. The initial capital of the fund shall consist of appropriations, which are hereby authorized to be made. Until such time as the Secretary prescribes fees as provided by this section, a fee of $50 shall be charged for filing each application, subject to such adjustment as may be appropriate after fees are prescribed by the Secretary hereunder. Sec. 32. Payment of Plant Variety Protection Fees; Return of Excess Amounts. All fees shall be paid to the Secretary, and the Secretary may refund any sum paid by mistake or in excess of the fee required. TITLE II—PROTECT ABILITY OF PLANT VARIETIES A N D CERTIFICATES OF PROTECTION Chapter

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Protection of Plant Varieties Applications: Form, Who May File, Relating Back, Confidentiality Examination: Response Time, Initial Appeals Appeals to Courts and Other Review Certificates of Plant Variety Protection Rexamination After Issue, and Contested Proceedings

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