---
kind: "section"
citation: "7 U.S.C. § 2541"
title: "7"
title_heading: "Agriculture"
number: "2541"
heading: "Infringement of plant variety protection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/2541"
units:
  - "Chapter 57 — Plant Variety Protection"
  - "Subchapter III — Plant Variety Protection and Rights"
  - "Part K — Infringement of Plant Variety Protection"
---

# §2541. Infringement of plant variety protection

- (a) **Acts constituting infringement—** Except as otherwise provided in this subchapter, it shall be an infringement of the rights of the owner of a protected [variety](/usc/7/2401.md?p=a-10) to perform without authority, any of the following acts in the [United States](/usc/7/2401.md?p=a-9), or in commerce which can be regulated by Congress or affecting such commerce, prior to expiration of the right to plant [variety](/usc/7/2401.md?p=a-10) protection but after either the issue of the certificate or the distribution of a protected plant [variety](/usc/7/2401.md?p=a-10) with the notice under [section 2567 of this title](/usc/7/2567.md):
  - (1) sell or [market](/usc/7/198.md?p=1) the protected [variety](/usc/7/2401.md?p=a-10), or offer it or expose it for sale, deliver it, ship it, consign it, exchange it, or solicit an offer to buy it, or any other transfer of title or possession of it;
  - (2) import the [variety](/usc/7/2401.md?p=a-10) into, or export it from, the [United States](/usc/7/2401.md?p=a-9);
  - (3) sexually or asexually multiply, or propagate by a tuber or a part of a tuber, the [variety](/usc/7/2401.md?p=a-10) as a step in marketing (for growing purposes) the [variety](/usc/7/2401.md?p=a-10);
  - (4) use the [variety](/usc/7/2401.md?p=a-10) in producing (as distinguished from developing) a hybrid or different [variety](/usc/7/2401.md?p=a-10) therefrom;
  - (5) use [seed](/usc/7/2401.md?p=a-6) which had been marked “Unauthorized Propagation Prohibited” or “Unauthorized [Seed](/usc/7/2401.md?p=a-6) Multiplication Prohibited” or progeny thereof to propagate the [variety](/usc/7/2401.md?p=a-10);
  - (6) dispense the [variety](/usc/7/2401.md?p=a-10) to another, in a form which can be propagated, without notice as to being a protected [variety](/usc/7/2401.md?p=a-10) under which it was received;
  - (7) condition the [variety](/usc/7/2401.md?p=a-10) for the purpose of propagation, except to the extent that the conditioning is related to the activities permitted under [section 2543 of this title](/usc/7/2543.md);
  - (8) stock the [variety](/usc/7/2401.md?p=a-10) for any of the purposes referred to in paragraphs [(1)](#a-1) through [(7)](#a-7);
  - (9) perform any of the foregoing acts even in instances in which the [variety](/usc/7/2401.md?p=a-10) is multiplied other than sexually, except in pursuance of a valid [United States](/usc/7/2401.md?p=a-9) plant patent; or
  - (10) instigate or actively induce performance of any of the foregoing acts.
- (b) **Uses authorized by owner—**
  - (1) Subject to [paragraph (2)](#b-2), the owner of a protected [variety](/usc/7/2401.md?p=a-10) may authorize the use of the [variety](/usc/7/2401.md?p=a-10) under this section subject to conditions and limitations specified by the owner.
  - (2) In the case of a contract between a [seed](/usc/7/2401.md?p=a-6) producer and the owner of a protected [variety](/usc/7/2401.md?p=a-10) of lawn, turf, or forage grass [seed](/usc/7/2401.md?p=a-6), or alfalfa or clover [seed](/usc/7/2401.md?p=a-6) for the production of [seed](/usc/7/2401.md?p=a-6) of the protected [variety](/usc/7/2401.md?p=a-10), the producer shall be deemed to be authorized by the owner to sell such [seed](/usc/7/2401.md?p=a-6) and to use the [variety](/usc/7/2401.md?p=a-10) if—
    - (A) the producer has fulfilled the terms of the contract;
    - (B) the owner refuses to take delivery of the [seed](/usc/7/2401.md?p=a-6) 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)](#b-2-B), the producer notifies the owner of the producer’s intent to sell the [seed](/usc/7/2401.md?p=a-6) and unless the owner fails to pay the amounts due under the contract and take delivery of the [seed](/usc/7/2401.md?p=a-6) 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)](#b-2) shall apply to contracts entered into with respect to plant [varieties](/usc/7/2401.md?p=a-10) protected under this chapter as in effect on the day before the effective date of this provision as well as plant [varieties](/usc/7/2401.md?p=a-10) protected under this chapter as amended by the Plant [Variety](/usc/7/2401.md?p=a-10) Protection Act Amendments of 1994.
  - (4) Nothing in this subsection shall affect any other rights or remedies of producers or owners that may exist under other Federal or [State](/usc/7/198.md?p=5) laws.
- (c) **Applicability to certain plant varieties—** This section shall apply equally to—
  - (1) any [variety](/usc/7/2401.md?p=a-10) that is essentially derived from a protected [variety](/usc/7/2401.md?p=a-10), unless the protected [variety](/usc/7/2401.md?p=a-10) is an [essentially derived variety](/usc/7/2401.md?p=a-4-A);
  - (2) any [variety](/usc/7/2401.md?p=a-10) that is not clearly distinguishable from a protected [variety](/usc/7/2401.md?p=a-10);
  - (3) any [variety](/usc/7/2401.md?p=a-10) whose production requires the repeated use of a protected [variety](/usc/7/2401.md?p=a-10); and
  - (4) harvested material (including entire plants and parts of plants) obtained through the unauthorized use of propagating material of a protected [variety](/usc/7/2401.md?p=a-10), unless the owner of the [variety](/usc/7/2401.md?p=a-10) has had a reasonable opportunity to exercise the rights provided under this chapter with respect to the propagating material.
- (d) **Acts not considered infringing—** It shall not be an infringement of the rights of the owner of a [variety](/usc/7/2401.md?p=a-10) to perform any act concerning propagating material of any [kind](/usc/7/2401.md?p=a-5), or harvested material, including entire plants and parts of plants, of a protected [variety](/usc/7/2401.md?p=a-10) that is sold or otherwise marketed with the consent of the owner in the [United States](/usc/7/2401.md?p=a-9), unless the act involves further propagation of the [variety](/usc/7/2401.md?p=a-10) or involves an export of material of the [variety](/usc/7/2401.md?p=a-10), that enables the propagation of the [variety](/usc/7/2401.md?p=a-10), into a country that does not protect [varieties](/usc/7/2401.md?p=a-10) of the plant genus or species to which the [variety](/usc/7/2401.md?p=a-10) belongs, unless the exported material is for final consumption purposes.
- (e) **Private noncommercial uses—** It shall not be an infringement of the rights of the owner of a [variety](/usc/7/2401.md?p=a-10) to perform any act done privately and for noncommercial purposes.
- (f) **“Perform without authority” defined—** As used in this section, the term “perform without authority” includes performance without authority by any [State](/usc/7/198.md?p=5), any instrumentality of a [State](/usc/7/198.md?p=5), and any officer or employee of a [State](/usc/7/198.md?p=5) or instrumentality of a [State](/usc/7/198.md?p=5) acting in the official capacity of the officer or employee. Any [State](/usc/7/198.md?p=5), and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.

## Source credit

(Pub. L. 91–577, title III, § 111, Dec. 24, 1970, 84 Stat. 1554; Pub. L. 96–574, § 19(a), Dec. 22, 1980, 94 Stat. 3351; Pub. L. 102–560, § 3(a), Oct. 28, 1992, 106 Stat. 4231; Pub. L. 103–349, §§ 9, 13(q), Oct. 6, 1994, 108 Stat. 3141, 3144; Pub. L. 115–334, title X, § 10108(c), Dec. 20, 2018, 132 Stat. 4906.)

## Notes

### Editorial Notes

### References in Text

The effective date of this provision, referred to in subsec. (b)(3), probably means the effective date of subsec. (b)(3), which was added by Pub. L. 103–349, effective 180 days after Oct. 6, 1994. See Effective Date of 1994 Amendment note set out under section 2401 of this title.

The Plant Variety Protection Act Amendments of 1994, referred to in subsec. (b)(3), is Pub. L. 103–349, Oct. 6, 1994, 108 Stat. 3136. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 2321 of this title and Tables.

### Amendments

2018—Subsec. (a)(3). Pub. L. 115–334 inserted “or asexually” after “sexually”.

1994—Subsec. (a). Pub. L. 103–349, § 9(1)(A), substituted “protected” for “novel” in two places in introductory provisions.

Subsec. (a)(1). Pub. L. 103–349, § 9(1)(B), substituted “or market the protected” for “the novel”.

Subsec. (a)(2). Pub. L. 103–349, § 9(1)(C), struck out “novel” before “variety”.

Subsec. (a)(3). Pub. L. 103–349, § 9(1)(C)–(E), inserted “, or propagate by a tuber or a part of a tuber,” after “multiply”, struck out “novel” before “variety”, and struck out “or” at end.

Subsec. (a)(4) to (6). Pub. L. 103–349, § 9(1)(C), (E), struck out “novel” before “variety” and struck out “or” at end.

Subsec. (a)(7). Pub. L. 103–349, § 9(1)(G), added par. (7). Former par. (7) redesignated (9).

Pub. L. 103–349, § 9(1)(C), struck out “novel” before “variety”.

Subsec. (a)(8). Pub. L. 103–349, § 9(1)(G), added par. (8). Former par. (8) redesignated (10).

Subsec. (a)(9), (10). Pub. L. 103–349, § 9(1)(F), redesignated pars. (7) and (8) as (9) and (10), respectively.

Subsecs. (b) to (e). Pub. L. 103–349, § 9(3), added subsecs. (b) to (e). Former subsec. (b) redesignated (f).

Subsec. (f). Pub. L. 103–349, §§ 9(2), 13(q), redesignated subsec. (b) as (f) and in first sentence substituted “the official capacity of the officer or employee” for “his official capacity”.

1992—Pub. L. 102–560 designated existing provisions as subsec. (a) and added subsec. (b).

1980—Par. (5). Pub. L. 96–574 substituted “ ‘Unauthorized Propagation Prohibited’ or ‘Unauthorized Seed Multiplication Prohibited’ ” for “ ‘propagation prohibited’ ”.

### 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.

### Effective Date of 1992 Amendment

Pub. L. 102–560, § 4, Oct. 28, 1992, 106 Stat. 4232, provided that: “The amendments made by this Act [enacting section 2570 of this title and section 296 of Title 35, Patents, and amending this section and section 271 of Title 35] shall take effect with respect to violations that occur on or after the date of the enactment of this Act [Oct. 28, 1992].”