section 2541 of this title Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in the official capacity of the officer or employee, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity, for infringement of plant variety protection under , or for any other violation under this subchapter.
section 2564 of this titlesection 2565 of this title In a suit described in subsection (a) for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any private entity. Such remedies include damages, interest, costs, and treble damages under , and attorney fees under .
Pub. L. 91–577, title III, § 130Pub. L. 102–560, § 3(b)106 Stat. 4231Pub. L. 103–349, § 13(w)108 Stat. 3144(, as added , , ; amended , , .)
Editorial Notes
Amendments
Pub. L. 103–3491994—Subsec. (a). substituted “the official capacity of the officer or employee” for “his official capacity”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–349section 15 of Pub. L. 103–349section 2401 of this titleAmendment by effective 180 days after , see , set out as a note under .
Effective Date
section 4 of Pub. L. 102–560section 2541 of this titleSection effective with respect to violations that occur on or after , see , set out as an Effective Date of 1992 Amendment note under .