Page:United States Statutes at Large Volume 108 Part 4.djvu/507

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PUBLIC LAW 103-349—OCT. 6, 1994 108 STAT. 3141 ^ (2) REPEAL. —Section 73 (as amended by paragraph (1)) 7 USC 2463. is repealed, (d) CONFORMING AMENDMENTS.— (1) Section 71 (7 U.S.C. 2461) is amended by striking "92 " '(2) Section 102 (7 U.S.C. 2532) is amended by inserting "or tuber propagable" after "sexually reproducible" each place it appears. SEC. 9. INFRINGEMENT OF PLANT VARIETY PROTECTION. Section 111 (7 U.S.C. 2541) is amended— (1) in subsection (a)— (A) by striking "novel" the first two places it appears and inserting "protected"; (B) in paragraph (1), by striking "the novel" and inserting "or market the protected"; (C) by striking "novel" each place it appears in paragraphs (2) through (7); (D) in paragraph (3), by inserting ", or propagate by a tuber or a part of a tuber," after "sexually multiply"; (E) by striking "or" each place it appears at the end of paragraphs (3) through (6); (F) by redesignating paragraphs (7) and (8) as paragraphs (9) and (10), respectively; and (G) by inserting after paragraph (6) the following new paragraphs: "(7) condition the variety for the purpose of propagation, except to the extent that the conditioning is related to the activities permitted under section 113; "(8) stock the variety for any of the purposes referred to in paragraphs (1) through (7);"; (2) by redesignating subsection (b) as subsection (f); and (3) by inserting after subsection (a) the following new subsections: "(b)(1) Subject to paragraph (2), the owner of a protected variety may authorize the use of the variety under this section subject to conditions and limitations specified by the owner. "(2) In the case of a contract between a seed producer and the owner of a protected variety of lawn, turf, or forage grass seed, or alfalfa or clover seed for the production of seed of the protected variety, the producer shall be deemed to be authorized by the owner to sell such seed and to use the variety if— "(A) the producer has fulfilled the terms of the contract; "(B) the owner refuses to take delivery of the seed or refuses to pay any amounts due under the contract within 30 days of the payment date specified in the contract; and "(C) after the expiration of the period specified in subparagraph (B), the producer notifies the owner of the producer's intent to sell the seed and unless the owner fails to pay the amounts due under the contract and take delivery of the seed within 30 days of such notification. For the purposes of this paragraph, the term 'owner* shall include any licensee of the owner. "(3) Paragraph (2) shall apply to contracts entered into with respect to plant varieties protected under this Act (7 U.S.C. 2321 et seq.) as in effect on the day before the effective date of this