10 



9 



1 "(1) In general. — If 2 or more applicants 



2 submit applications on the same effective filing date 



3 for varieties that cannot be clearly distinguished 



4 from one another, but that fulfill all other require- 



5 ments of subsection (a), the applicant who first com- 



6 plies with all requirements of this Act shall be enti- 



7 tied to a certificate of plant variety protection, to the 



8 exclusion of any other applicant. 



9 "(2) Requirements completed on same 



10 date. — 



11 "(A) In general. — Except as provided in 



12 subparagraph (B), if 2 or more applicants com- 



13 ply with all requirements for protection on the 



14 same date, a certificate shall be issued for each 



15 variety. 



16 "(B) Varieties indistinguishable.— If 



17 the varieties that are the subject of the applica- 



18 tions cannot be distinguished in any manner, a 



19 single certificate shall be issued jointly to the 



20 applicants.". 



2 1 SEC. 4. applications. 



22 Section 52 (7 U.S.C. 2422) is amended— 



23 (1) in paragraph (1), by adding at the end the 



24 following new sentence: "The variety shall be named 



•HR 2927 IH 



