Page:United States Statutes at Large Volume 106 Part 5.djvu/593

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PUBLIC LAW 102-560—OCT. 28, 1992 106 STAT. 4231 SEC. 3. LIABILITY OF STATES, INSTRUMENTALITIES OF STATES, AND STATE OFFICIALS FOR INFRINGEMENT OF PLANT VARIETY PROTECTION. (a) INFRINGEMENT OF PLANT VARIETY PROTECTION.— Section 111 of the Plant Variety Protection Act (7 U.S.C. 2541) is amended— (1) by inserting "(a)" before "Except as otherwise provided"; and (2) by adding at the end thereof the following new subsection: "(b) As used in this section, the term 'perform without authority* includes performance without authority by any State, any instrumentality of a State, and any officer or employee of a State or instrumentahty of a State acting in his official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity.". (b) LIABILITY OF STATES, INSTRUMENTALITIES OF STATES, AND STATE OFFICIALS FOR INFRINGEMENT OF PLANT VARIETY PROTEC- TION. —Chapter 12 of the Plant Variety Protection Act (7 U.S.C. 2561 et seq.) is amended by adding at the end thereof the following new section: "SEC. 130. LIABILITY OF STATES, INSTRUMENTALITIES OF STATES, 7 USC 2570. AND STATE OFFICIALS FOR INFRINGEMENT OF PLANT VARIETY PROTECTION. "(a) Any State, any instrumentahty of a State, and any officer or employee of a State or instnmientahty of a State acting in his official capacity, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity, for infringement of plant variety protection under section 111, or for any other violation under this title. "(b) In a suit described in subsection (a) for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any private entity. Such remedies include damages, interest, costs, and treble damages under section 124, and attorney fees under section 125.".