Page:United States Statutes at Large Volume 84 Part 2.djvu/229

 84 STAT. ]

PUBLIC LAW 91-578-DEC. 24, 1970

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(b) I n section 1338 after "Patents" in the heading, after "patents" ^2 Stat. 931. and after "patent" (both occurrences) insert ", plant variety protection". (c) After section 2351 a d d: so Stat. 624. "2353. The Court of appeals has nonexclusive jurisdiction to hear appeals under section 71 of the Plant Variety Protection Act." (d) I n section 1498 add the following new subsection: u s''"courrof^"^' " (d) Hereafter, whenever a plant variety protected by a certificate claims. " of plant variety protection under the laws of the United States shall,/^^^*Vcc'*^' be infringed by the United States, by a corporation owned or controlled 74 Stat. 855. by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government and with the authorization and consent of the Government, the exclusive remedy of the owner of such certificate shall be by action against the United States in the Court of Claims for the recovery of his reasonable and entire compensation as damages for such infringement: Provided, That a Government employee shall have a right of action against the Government under this subsection except where he was in a position to order, influence, or induce use of the protected plant variety by the Government: Provided, however, That this subsection shall not confer a right of action on any certificate owner or any assignee of such owner with respect to any protected plant variety made by a person while in the employment or service of the United States, where such variety was prepared as a part of the official functions of the employee, or in the preparation of which Government time, material, or facilities were used: And provided further, That before such action against the United States has been instituted, the appropriate corporation owned or controlled by the United States or the head of the appropriate agency of the Government, as the case may be, is authorized to enter into an agreement with the certificate owner in full settlement and compromise, for the damages accrued to him by reason of such infringement and to settle the claim administratively out of available appropriations." Sec. 144. Exempted Plants. The provisions of this Act shall not apply to the seeds, plants, or transplants of okra, celery, peppers, tomatoes, carrots, and cucumbers. Sec. 145. Short Title. This Act may be cited as the "Plant Variety Protection Act". Approved December 24, 1970.

Public Law 91-578 AN ACT December 24, 1970

To amend section 2 of the Act of June 30, 1954, as amended, providing for the continuance of civil government for the Truist Territory of the Pacific Islands.

[s. 3479]

Be it enacted by the Senate and House of Representatives of the United States of AmsTica in Congress assembled, That section 2 of the Pacific Trust Act of June 30, 1954 (Q8 Stat. 330), as amended, is amended by delet- Jovemme'nt''" ing "for fiscal year 1969, $5,000,000 in addition to the sums heretofore Ap^^prL'tion. appropriated, for fiscal year 1970, $50,000,000 and for the fiscal year H ^t^'-1213. 1971, $50,000,000" and inserting in lieu thereof the following: "for note. ^^^^ each of the fiscal years 1971, 1972, and 1973, $60,000,000". Approved December 24, 1970.

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