Page:United States Statutes at Large Volume 108 Part 4.djvu/506

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108 STAT. 3140 PUBLIC LAW 103-349—OCT. 6, 1994 "(ii) if the first application is rejected or withdrawn, an appropriate period after the rejection or withdrawal, to be determined by the Secretary. "(B) An event occurring within the period of priority (such as the filing of another application or use of the variety that is the subject of the first application) shall not constitute a ground for rejecting the application or give rise to any third party right. ". SEC. 6. NOTICE OF REFUSAL; RECONSIDERATION. The first sentence of section 62(b) (7 U.S.C. 2442(b)) is amended— (1) by striking "six months" and inserting "at least 30 days, and not more than 180 days"; and (2) by striking "in exceptional circumstances". ^^ SEC. 7. CONTENTS AND TERM OF PLANT VARIETY PROTECTION. Section 83 (7 U.S.C. 2483) is amended— (1) in subsection (a)— (A) by designating the first through fourth sentences as paragraphs (1) through (4), respectively; and (B) by striking paragraphs (2) and (3) (as so designated) and inserting the following new paragraphs: "(2) If the owner so elects, the certificate shall— "(A) specify that seed of the variety shall be sold in the United States only as a class of certified seed; and "(B) if so specified, conform to the number of generations designated by the owner. "(3) An owner may waive a right provided under this subsection, other than a right that is elected by the owner under paragraph (2)(A)."; (2) in the first sentence of subsection (b)— (A) by striking "eighteen" and inserting "20"; and (B) by inserting before the period at the end the following: ", except that, in the case of a tree or vine, the term of the plant variety protection shall expire 25 years from the date of issue of the certificate"; and (3) in subsection (c), by striking "repository: Provided, however. That" and inserting "repository, or requiring the submission of a different name for the variety, except that". SEC. 8. PRIORITY CONTEST. (a) PRIORITY CONTEST; EFFECT OF ADVERSE FINAL JUDGMENT OR INACTION. —Sections 92 and 93 (7 U.S.C. 2502 and 2503) are repealed. (b) INTERFERING PLANT VARIETY PROTECTION.— (1) REDESIGNATION. —Section 94 of the Act (7 U.S.C. 2504) is redesignated as section 92. 7 USC 2504. (2) AMENDMENTS. —Section 92 (as so redesignated) is amended— (A) by striking "The owner" and inserting "(a) The owner"; and (B) by striking the second sentence. (c) APPEAL OR CIVIL ACTION IN CONTESTED CASES. — 7 USC 2504. (1) TRANSFER.— Section 73 (7 U.S.C. 2463) is amended by transferring subsection (b) to the end of section 92 (as redesignated by subsection (b)(1)).