7 U.S.C. § 2462

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 2462 - Civil action against Secretary

An applicant dissatisfied with a decision under section 2443 or 2501 of this title, may, as an alternative to appeal, have remedy by civil action against the Secretary in the United States District Court for the District of Columbia. Such action shall be commenced within sixty days after such decision or within such further time as the Secretary allows. The court may, in the case of review of a decision by the Secretary refusing plant variety protection, adjudge that such applicant is entitled to receive a certificate of plant variety protection for the variety as specified in the application as the facts of the case may appear, on compliance with the requirements of this chapter.

7 U.S.C. § 2462

Pub. L. 91-577, title II, §72, Dec. 24, 1970, 84 Stat. 1550; Pub. L. 103-349, §13(k), Oct. 6, 1994, 108 Stat. 3143.

EDITORIAL NOTES

AMENDMENTS1994- Pub. L. 103-349 which directed that the second sentence be amended by substituting "the variety as specified in the application" for "his variety as specified in his application", was executed by making the substitution in the third sentence, to reflect the probable intent of Congress.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103-349 set out as a note under section 2401 of this title.