[105th Congress Public Law 289]
[From the U.S. Government Printing Office]
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[DOCID: f:publ289.105]
[[Page 112 STAT. 2780]]
Public Law 105-289
105th Congress
An Act
To amend title 35, United States Code, to protect patent owners against
the
unauthorized sale of plant parts taken from plants illegally reproduced,
and for other purposes. <<NOTE: Oct. 27, 1998 - [H.R. 1197]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Plant Patent
Amendments Act of 1998.>>
SECTION 1. SHORT TITLE. <<NOTE: 35 USC 1 note.>>
This Act may be cited as the ``Plant Patent Amendments Act of
1998''.
SEC. 2. FINDINGS AND PURPOSES. <<NOTE: 35 USC 163 note.>>
(a) Findings.--The Congress makes the following findings:
(1) The protection provided by plant patents under title 35,
United States Code, dating back to 1930, has historically
benefited American agriculture and horticulture and the public
by providing an incentive for breeders to develop new plant
varieties.
(2) Domestic and foreign agricultural trade is rapidly
expanding and is very different from the trade of the past. An
unforeseen ambiguity in the provisions of title 35, United
States Code, is undermining the orderly collection of royalties
due breeders holding United States plant patents.
(3) Plant parts produced from plants protected by United
States plant patents are being taken from illegally reproduced
plants and traded in United States markets to the detriment of
plant patent holders.
(4) Resulting lost royalty income inhibits investment in
domestic research and breeding activities associated with a wide
variety of crops--an area where the United States has
historically enjoyed a strong international position. Such
research is the foundation of a strong horticultural industry.
(5) Infringers producing such plant parts from unauthorized
plants enjoy an unfair competitive advantage over producers who
pay royalties on varieties protected by United States plant
patents.
(b) Purposes.--The purposes of this Act are--
(1) to clearly and explicitly provide that title 35, United
States Code, protects the owner of a plant patent against the
unauthorized sale of plant parts taken from plants illegally
reproduced;
(2) to make the protections provided under such title more
consistent with those provided breeders of sexually reproduced
plants under the Plant Variety Protection Act (7 U.S.C. 2321
[[Page 112 STAT. 2781]]
et seq.), as amended by the Plant Variety Protection Act
Amendments of 1994 (Public Law 103-349); and
(3) to strengthen the ability of United States plant patent
holders to enforce their patent rights with regard to
importation of plant parts produced from plants protected by
United States plant patents, which are propagated without the
authorization of the patent holder.
SEC. 3. AMENDMENT TO TITLE 35, UNITED STATES CODE.
(a) Rights in Plant Patents.--Section 163 of title 35, United States
Code, is amended to read as follows:
``Sec. 163. Grant
``In the case of a plant patent, the grant shall include the right
to exclude others from asexually reproducing the plant, and from using,
offering for sale, or selling the plant so reproduced, or any of its
parts, throughout the United States, or from importing the plant so
reproduced, or any parts thereof, into the United States.''.
(b) Effective Date.--The <<NOTE: 35 USC 163 note.>> amendment made
by subsection (a) shall apply to any plant patent issued on or after the
date of the enactment of this Act.
SEC. 4. ACCESS TO ELECTRONIC PATENT INFORMATION. <<NOTE: 35 USC 41
note.>>
(a) In General.--The United States Patent and Trademark Office shall
develop and implement statewide computer networks with remote library
sites in requesting rural States such that citizens in those States will
have enhanced access to information in their State's patent and
trademark depository library.
(b) Definition.--In this section, the term ``rural States'' means
the States that qualified on January 1, 1997, as rural States under
section 1501(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 379bb(b)).
Approved October 27, 1998.
LEGISLATIVE HISTORY--H.R. 1197:
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CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 9, considered and passed House.
Oct. 15, considered and passed Senate, amended.
Oct. 16, House concurred in Senate amendment.
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