80-5-601. Legislative findings — purpose. (1) The legislature finds that:

Terms Used In Montana Code 80-5-601

  • Dependent: A person dependent for support upon another.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Property: means real and personal property. See Montana Code 1-1-205
  • Variety: means a subdivision of a kind that is:

    (a)distinct, in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties known publicly;

    (b)uniform, in the sense that the variations in essential and distinctive characteristics are describable; and

    (c)stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties. See Montana Code 80-5-120

(a)the production of diverse agricultural crops is critical to the economic stability of Montana;

(b)Montana’s agricultural companies and producers strive to operate their companies and grow their crops pursuant to generally accepted farming principles and practices;

(c)agricultural companies and producers in Montana are responsible for operating their businesses in a cooperative manner with their neighbors;

(d)the ability of Montana’s growers to continue to compete in an expanding worldwide market is dependent upon access to a variety of crops that are resistant to diseases and pests;

(e)Montana’s arid climate necessitates the development of types of crops that are drought-tolerant; and

(f)science has been a critical part of agriculture since its inception.

(2)The purpose of this part is to provide an orderly process to be followed when an intellectual property claim related to plants arises.