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7 U.S.C. § 2564 — Damages

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2564 — Damages

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2564

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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

7 U.S.C. § 2570 — Liability of States, instrumentalities of States, and State officials for infringement of plant variety protection

**(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

7 U.S.C. § 2564 — Damages

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

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