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7 U.S.C. § 2564 — Damages
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Upon finding an infringement the court shall award damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the variety by the infringer, together with interest and costs as fixed by the court.
**(b)** When the damages are not determined by the jury, the court shall determine them. In either event the court may increase the damages up to three times the amount determined.
**(c)** The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances.
**(d)** As to infringement prior to, or resulting from a planting prior to, issuance of a certificate for the infringed variety, a court finding the infringer to have established innocent intentions, shall have discretion as to awarding damages.
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Stable record: federal_law:legal_authorities:record_usc_593316f283b8960ad217fa07
Source file: Laws/federal/codes/united-states-code/title-7/section-2564-damages--fc77126c47.md
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Passage SHA-256: 89c5d54aad1ba9d0af4b0917250ea3febb1a72cbbe0a6c8b5b89b5e962de0709
Source location: Title 7, Chapter 57, § 2564; chapter-057-plant-variety-protection.md
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**(a)** Upon finding an infringement the court shall award damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the variety by the infringer, together with interest and costs as fixed by the court.
**(b)** When the damages are not determined by the jury, the court shall determine them. In either event the court may increase the damages up to three times the amount determined.
**(c)** The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances.
**(d)** As to infringement prior to, or resulting from a planting prior to, issuance of a certificate for the infringed variety, a court finding the infringer to have established innocent intentions, shall have discretion as to awarding damages.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** 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 [section 2541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2541&num=0&edition=prelim), or for any other violation under this subchapter.
**(b)** 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 [section 2564 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2564&num=0&edition=prelim), and attorney fees under [section 2565 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2565&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2570
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Federal law — U.S. Code and appendices · legal_authorities
Page 1510
TITLE 7—AGRICULTURE
§ 2544
infringe any right hereunder for a person to save
seed produced by the person from seed obtained,
or descended from seed obtained, by authority of
the owner of the variety for seeding purposes
and use such saved seed in the production of a
crop for use on the farm of the person, or for
sale as provided in this section. A bona fide sale
for other than reproductive purposes, made in
channels usual for such other purposes, of seed
produced on a farm either from seed obtained by
authority of the owner for seeding purposes or
from seed produced by descent on such farm
from seed obtained by authority of the owner for
seeding purposes shall not constitute an in-
fringement. A purchaser who diverts seed from
such channels to seeding purposes shall be
deemed to have notice under section 2567 of this
title that the actions of the purchaser con-
stitute an infringement.
(Pub. L. 91–577, title III, § 113, Dec. 24, 1970, 84
Stat. 1555; Pub. L. 103–349, §§ 10, 13(s), Oct. 6, 1994,
108 Stat. 3142, 3144.)
Editorial Notes
REFERENCES IN TEXT
Subsections (3) and (4) of section 2541 of this title, re-
ferred to in text, probably means paragraphs (3) and (4)
of section 2541 of this title, which were redesignated
subsection (a)(3) and (4) of section 2541 of this title by
Pub. L. 102–560, § 3(a), Oct. 28, 1992, 106 Stat. 4231.
AMENDMENTS
1994—Pub. L. 103–349, §§ 10, 13(s)(1), in first sentence
substituted ‘‘produced by the person’’ for ‘‘produced by
him’’, ‘‘the farm of the person’’ for ‘‘his farm’’, and
‘‘section.’’ for ‘‘section: Provided, That without regard
to the provisions of section 2541(3) of this title it shall
not infringe any right hereunder for a person, whose
primary farming occupation is the growing of crops fo
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 2564
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.