A bill to amend the Plant Variety Protection Act to clarify its provisions, and for other purposes.

Summary

Amends the Plant Variety Protection Act to make the Plant Variety Protection Office within the Department of Agriculture an office rather than a bureau. Eliminates the bonding requirement for employees of such office. Requires the Secretary of Agriculture to maintain a register of descriptions of United States protected plant varieties rather than a register of published specifications for such varieties. Bars a plant breeder's right to protect a plant variety if such variety was offered for sale or sold by the owner in a foreign country for longer than four years (six in the case of woody plants) before the effective filing date of the application. Eliminates the right to amend an application for a certificate recognizing plant variety rights to include a declaration that a viable sample of basic seed necessary for propagation of the variety will be deposited and replenished periodically in a public repository. Permits the Secretary to publish the name of an applicant for plant variety protection and whether the applicant specified that the variety is to be sold by variety name only as a class of certified seed. Increases the term of plant variety protection from 17 to 18 years. Authorizes the Secretary to issue corrected certificates of plant protection, rather than mere certificates of correction, with the same effect and operation in law as if the certificate had been originally issued in such corrected form. Authorizes owners of rights in plant varieties to give notice to the public of such rights by fixing a label to such varieties stating "Unauthorized Seed Multiplication Prohibited" or "Unauthorized Propagation Prohibited" rather than "Propagation Prohibited". Repeals the exemption for the seeds, plants, or transplants of okra, celery, peppers, tomatoes, carrots, and cucumbers. Amends the Federal Seed Act to prohibit the offer for sale or advertisement by variety name of seed not appropriately certified under the Plant Variety Protection Act.

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1 official file

• Introduced in Senate

  summary · EN · 12 June 1980

  Open at official source

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