General requirements.

CFR · 2024-01-01 · US · Title 7

(a) Protection under the Act shall be afforded only as follows: (1) Nationals and residents of the United States shall be eligible to receive all of the protection under the Act. (2) Nationals and residents of Member States of the International Union for the Protection of New Varieties of Plants (including states which are members of an intergovernmental organization which is a UPOV member) shall be eligible to receive the same protection under the Act as is provided to nationals of the United States. (3) Persons who are not entitled to protection under paragraph (a)(1) or (2) of this section, and who are nationals of a foreign state which is not a member of the International Union for the Protection of New Varieties of Plants, shall be entitled to only so much of the protection provided under the Act, as is afforded by such foreign state to nationals of the United States, for the same genus and species under the laws of such foreign state in effect at the time that the application for protection under the Act is filed, except where further protection under the Act must be provided in order to avoid the violation of a treaty to which the United States is a party. (b) Applications for certificates shall be made to the Plant Variety Protection Office. An application shall consist of: (1) A completed application form, except that the section specifying that seed of the variety shall be sold by variety name only, as a class of certified seed, need not be completed at the time of

official document · source cfr-2024 · id 7:§ 97.5