{"identifier":"/us/usc/t7/s2562","title":7,"num":"\u00a7\u202f2562.","heading":"Presumption of validity; defenses","text":"\u00a7\u202f2562.\nPresumption of validity; defenses\n(a) Certificates of plant variety protection shall be presumed valid. The burden of establishing invalidity of a plant variety protection shall rest on the party asserting invalidity.\n(b) The following shall be defenses in any action charging infringement and shall be pleaded: (1) noninfringement, absence of liability for infringement, or unenforceability; (2) invalidity of the plant variety protection in suit on any ground specified in\nsection 2402 of this title\nsection 2422 of this title","url":"https://projectusc.org/usc/t7/s2562.html","content":[{"t":"sec","id":"/us/usc/t7/s2562","children":[{"t":"num","text":"\u00a7\u202f2562."},{"t":"heading","text":"Presumption of validity; defenses"},{"t":"subsec","id":"/us/usc/t7/s2562/a","children":[{"t":"num","text":"(a)"},{"t":"content","text":" Certificates of plant variety protection shall be presumed valid. The burden of establishing invalidity of a plant variety protection shall rest on the party asserting invalidity.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t7/s2562/b","children":[{"t":"num","text":"(b)"},{"t":"content","text":" The following shall be defenses in any action charging infringement and shall be pleaded: (1) noninfringement, absence of liability for infringement, or unenforceability; (2) invalidity of the plant variety protection in suit on any ground specified in ","children":[{"t":"ref","text":"section 2402 of this title","href":"/us/usc/t7/s2402","tail":" as a condition for protectability; (3) invalidity of the plant variety protection in suit for failure to comply with any requirement of "},{"t":"ref","text":"section 2422 of this title","href":"/us/usc/t7/s2422","tail":"; (4) that the asserted infringement was performed under an existing certificate adverse to that asserted and prior to notice of the infringement; and (5) any other fact or act made a defense by this chapter."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}