Home > 105th Congressional Bills > H.R. 1197 (enr) 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. ...

H.R. 1197 (enr) 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. ...


Google
 
Web GovRecords.org


105th CONGRESS

  2d Session

                               H. R. 1197

_______________________________________________________________________

                                 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                H. R. 1197

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Plant Patent Amendments Act of 
1998''.

SEC. 2. FINDINGS AND PURPOSES.

    (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 
        and following), 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 amendment made by subsection (a) shall 
apply to any plant patent issued on or after the date of the enactment 
of this Act.

            Passed the House of Representatives October 9, 1998.

            Attest:

                                                                 Clerk.

Pages: 1

Other Popular 105th Congressional Bills Documents:

1 H.R. 659 (ih) To amend the Clean Air Act and the Superfund Amendments and Reauthorization Act of 1986 to clarify the listing of a unique chemical substance. ...
2 S.Res. 196 (ats) Recognizing, and calling on all Americans to recognize, the courage and ...
3 H.R. 1434 (ih) To amend the Internal Revenue Code of 1986 to authorize the Secretary of the Treasury to postpone certain tax-related deadlines in the case of taxpayers affected by a Presidentially declared disaster, and for other purposes. ...
4 S. 1503 (is) To protect the voting rights of homeless citizens. ...
5 H.R. 3810 (ih) To designate the United States Post Office located at 202 Center Street in Garwood, New Jersey, as the ``James T. Leonard, Sr. Post Office''. ...
6 H.R. 385 (ih) To amend the Public Health Service Act with respect to the participation of the public in governmental decisions regarding the location of group homes established pursuant to the program of block grants for the prevention and treatment of su...
7 H.R. 2632 (ih) To amend title XI and title XVIII of the Social Security Act to combat health care fraud and abuse. ...
8 S. 1739 (is) To establish a commission, under the aegis of the National Science Foundation, to review and propose recommendations for assuring United States leadership in science and mathematics. ...
9 S. 12 (is) To improve education for the 21st Century. ...
10 S. 2477 (is) To amend title 5, United States Code, to provide for the establishment of a program under which long-term care insurance may be obtained by Federal employees and annuitants. ...
11 H.Res. 574 (eh) ...
12 S. 2059 (es) To authorize appropriations for fiscal year 1999 for military construction, and for other purposes. ...
13 H.R. 3334 (ih) To provide certainty for, reduce administrative and compliance burdens associated with, and streamline and improve the collection of royalties from Federal and outer continental shelf oil and gas leases, and for other purposes. %%Filename:...
14 S. 1139 (enr) To reauthorize the programs of the Small Business Administration, and for other purposes. ...
15 S. 1563 (is) To amend the Immigration and Nationality Act to establish a 24-month pilot program permitting certain aliens to be admitted into the United States to provide temporary or seasonal agricultural services pursuant to a labor condition attestatio...
16 S. 469 (is) To designate a portion of the Sudbury, Assabet, and Concord Rivers as a component of the National Wild and Scenic Rivers System. ...
17 S. 1458 (is) To restrict the use of the exchange stabilization fund. ...
18 S. 2435 (is) To permit the denial of airport access to certain air carriers. ...
19 H.R. 3616 (pcs) To authorize appropriations for fiscal year 1999 for military ...
20 H.Res. 82 (eh) ...
21 H.R. 4765 (ih) To amend the Internal Revenue Code of 1986 to increase the amount allowable for qualified adoption expenses, to permanently extend the credit for adoption expenses, and to adjust the limitations on such credit for inflation. ...
22 S. 1069 (rs) Entitled the ``National Discovery Trails Act of 1997''. ...
23 S.Con.Res. 122 (is) Expressing the sense of Congress that the 65th anniversary of the Ukrainian Famine of 1932-1933 should serve as a reminder of the brutality of the government of the former Soviet Union's repressive policies toward the Ukrainian people....
24 H.Res. 95 (eh) ...
25 H.J.Res. 95 (rh) Granting the consent of Congress to the Chickasaw Trail Economic Development Compact. ...
26 H.R. 4417 (ih) To authorize the continuation of the disaster relief program for livestock producers conducted by the Secretary of Agriculture under section 813 of the Agricultural Act of 1970. ...
27 H.R. 4393 (ih) To revise the banking and bankruptcy insolvency laws with respect to the termination and netting of financial contracts, and for other purposes. ...
28 H.R. 3083 (ih) To suspend temporarily the duty on Grilamid TR90. ...
29 S. 2273 (rs) To increase, effective as of December 1, 1998, the rates of disability compensation for veterans with service-connected disabilities, and the rates of dependency and indemnity compensation for survivors of certain service-connected disabled v...
30 H.R. 1762 (ih) To amend title XVIII of the Social Security Act to provide for coverage of outpatient parenteral antimicrobial therapy under part B of the Medicare Program. ...


Other Documents:

105th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy