110 



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 



1 5 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.". 



21 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 



