Page:United States Statutes at Large Volume 108 Part 4.djvu/502

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108 STAT. 3136 PUBLIC LAW 103-349—OCT. 6, 1994 Public Law 103-849 103d Congress An Act Oct. 6, 1994 [S. 1406] Plant Variety Protection Act Amendments of 1994. 7 USC 2321 note. To amend the Plant Variety Protection Act to make such Act consistent with the International Convention for the Protection of New Varieties of Plants of March 19, 1991, to which the United States is a signatory, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; REFERENCES. (a) SHORT TITLE. —This Act may be cited as the "Plant Variety Protection Act Amendments of 1994". (b) REFERENCES TO PLANT VARIETY PROTECTION ACT. — Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Plant Variety Protection Act (7 U.S.C. 2321 et seq.). SEC. 2. DEFINITIONS AND RULES OF CONSTRUCTION. Section 41 (7 U.S.C. 2401) is amended to read as follows: '*§41. Definitions and rules of construction "(a) DEFINITIONS. —As used in this Act: "(1) BASIC SEED. —The term Tsasic seed' means the seed planted to produce certified or commercial seed. "(2) BREEDER. — The term "breeder' means the person who directs the final breeding creating a variety or who discovers and develops a variety. If the actions are conducted by an agent on behalf of a principal, the principal, rather than the agent, shall be considered the breeder. The term does not include a person who redevelops or rediscovers a variety the existence of which is publicly known or a matter of common knowledge. "(3) ESSENTIALLY DERIVED VARIETY.— "(A) IN GENERAL.— The term 'essentially derived variety* means a variety that— "(i) is predominantly derived from another variety (referred to in this paragraph as the 'initial variety') or from a variety that is predominantly derived from the initial variety, while retaining the expression of the essential characteristics that result from the genot3T)e or combination of genotypes of the initial variety; "(ii) is clearly distinguishable from the initial variety; and