Title 7, AgricultureRelease 119-102
§2564 Damages
Title 7 › CHAPTER 57 — PLANT VARIETY PROTECTION › SUBCHAPTER III — PLANT VARIETY PROTECTION AND RIGHTS › Part L — Remedies for Infringement of Plant Variety Protection, and Other Actions › § 2564
Summary
When someone infringes a plant variety, the court must award money to make up the loss, at least a fair royalty, plus interest and court costs. A jury or judge sets the amount, may raise it up to three times, may hear expert testimony, and can refuse damages for innocent plantings made before a certificate was issued.
Full Legal Text
Title 7, §2564
Agriculture, Source: USLM XML via OLRC
(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.
Reference
Citations & Metadata
Citation
7 U.S.C. § 2564
Title 7, Agriculture
Last Updated
Aug 21, 2026
Release point: 119-102