80-5-602. Definitions. As used in this part, the following definitions apply:

Terms Used In Montana Code 80-5-602

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, firm, association, corporation, partnership, the state, a subdivision of the state, or any other form of business enterprise. See Montana Code 80-5-602
  • Property: means real and personal property. See Montana Code 1-1-205
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • 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

(1)”Grower” means the person responsible for planting and managing a crop on land where infringement of an intellectual property right is suspected to have occurred.

(2)”Person” means an individual, firm, association, corporation, partnership, the state, a subdivision of the state, or any other form of business enterprise.

(3)”Protected plant” means any plant part or material, including but not limited to seeds and genetic traits, that is patented by the U.S. patent and trademark office or protected under the federal Plant Variety Protection Act, 7 U.S.C. § 2321, et seq., or any other intellectual property protection recognized by federal law.