FEDERAL · 7 U.S.C. · Chapter SUBCHAPTER III—PLANT VARIETY PROTECTION AND RIGHTS

Damages

7 U.S.C. § 2564
Title7Agriculture
ChapterSUBCHAPTER III—PLANT VARIETY PROTECTION AND RIGHTS
PartL

This text of 7 U.S.C. § 2564 (Damages) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
7 U.S.C. § 2564.

Text

(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 discret

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Exxon Shipping Co. v. Baker
128 S. Ct. 2605 (Supreme Court, 2008)
1,374 case citations
Grant Thornton, LLP v. Federal Deposit Insurance
435 F. App'x 188 (Fourth Circuit, 2011)
9 case citations
FDIC v. Chicago Title Insurance Compa
12 F.4th 676 (Seventh Circuit, 2021)
5 case citations
MIXON SEED SERVICE INC v. HILL
(M.D. Georgia, 2025)

Source Credit

History

(Pub. L. 91–577, title III, §124, Dec. 24, 1970, 84 Stat. 1556.)

Cite This Page — Counsel Stack

Bluebook (online)
7 U.S.C. § 2564, Counsel Stack Legal Research, https://law.counselstack.com/usc/7/2564.