Patent and Plant Variety Protection Remedy Clarification Act (P.L. 102-560).
Country
Type of law
Legislation
Abstract
This Act amends section 271 of title 35 of USC and the section 111 Plant Variety Act in order to provide for prosecution of States which infringe patents respectively plant variety rights and to provide for remedies. "Any State, instrumentalities of a State, and any officer or employee of States or instrumentalities of a State, acting in his official capacity, shall not be immune, under the eleventh amendments of the Constitution of the United States or any other doctrine or sovereign immunity, from suit in Federal court by any person, including any governmental or non-governmental entity for infringement of plant variety protection under section 111, or for any other violation under this Title".
Attached files
Long title of text
An Act to clarify that States, instrumentalities of States, and officers and employees of States acting in their official capacity, are subject to suit in Federal Court by any person for infringement of patents and plant variety protections, and that all remedies can be obtained in such suit that can be obtained against a private entity.
Date of text
Repealed
No
Serial Imprint
Public Law 102-560, 28 October 1992, pp. 4230-4232.
Source language
English
Legislation Amendment
No