Page:United States Statutes at Large Volume 84 Part 2.djvu/221

 84 STAT. ]

PUBLIC LAW 91-577-DEC. 24, 1970

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certified copj of the judgment and on compliance with the requirements of this Act. Chapter 8.—CERTIFICATES OF PLANT VARIETY PROTECTION Sec. 81. Plant Variety Protection. (a) If it appears that a certificate of plant variety protection should be issued on an application, a written notice of allowance shall be given or niailed to the owner. The notice shall specify the sum, constituting the issue fee, which shall be paid within one month thereafter. (b) Upon timely payment of this sum, and provided that deposit of seed has been made in accordance with section 52(3), the certificate of plant variety protection shall issue. (c) If any payment required by this section is not timely made, but is submitted with an additional fee prescribed by the Secretary within nine months after the due date or within such further time as the Secretary may allow, it shall be accepted. Sec. 82. How Issued. A certificate of plant variety protection shall be issued in the name of the United States of America under the seal of the Plant Variety Protection Office, and shall be signed by the Secretary or have his signature placed thereon, and shall be recorded in the Plant Variety Protection Office. Sec. 83. Contents and Term of Plant Variety Protection. (a) Every certificate of plant variety protection shall certify that the breeder (or his successor in interest) his heirs or assignees, 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, to the extent provided by this Act. If the owner so elects, the certificate shall also specify that in the United States, seed of the variety shall be sold by variety name only as a class of certified seed and, if specified, shall also conform to the number of generations designated by the owner. Any rights, or all rights except tnose elected under the preceding sentence, may be waived; and the certificate shall conform to such waiver. The Secretary may at his discretion permit such election or waiver to be made after certificating and amend the certificate accordingly, without retroactive effect. (b) The term of plant variety protection shall expire seventeen years from the date of issue of the certificate in the United States. If the certificate is not issued within three years from the effective filing date, the Secretary may shorten the term by the amount of delay in the prosecution of- the application attributed by the Secretary to the applicant. (c) The term of plant variety protection shall also expire if the owner fails to comply with regulations, in force at the time of certificating, relating to replenishing seed in a public repository: Provided,

Expiration date.

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