§2567 — Title 7 Agriculture | U.S. Code

Summary

Owners can put a warning on seed containers or attach a label to the plant saying that copying or multiplying the seed without permission is not allowed. After the plant gets its official protection, the owner can also add words saying it is a U.S.-protected variety. If the owner sold the seed with permission and the buyer who copied it did not get it with any label, the owner cannot collect money for that copying unless the copier actually knew reproduction was forbidden or that the variety was protected. If they did know, the owner can get money only for copying that happened after that notice. A court can be flexible about ordering destruction or other remedies for materials someone honestly acquired before they had notice.

Title 7, §2567

Agriculture — Source: USLM XML via OLRC

Owners may give notice to the public by physically associating with or affixing to the container of seed of a variety or by fixing to the variety, a label containing either the words “Unauthorized Propagation Prohibited” or the words “Unauthorized Seed Multiplication Prohibited” and after the certificate issues, such additional words as “U.S. Protected Variety”. In the event the variety is distributed by authorization of the owner and is received by the infringer without such marking, no damages shall be recovered against such infringer by the owner in any action for infringement, unless the infringer has actual notice or knowledge that propagation is prohibited or that the variety is a protected variety, in which event damages may be recovered only for infringement occurring after such notice. As to both damages and injunction, a court shall have discretion to be lenient as to disposal of materials acquired in good faith by acts prior to such notice.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Pub. L. 103–349 in first sentence struck out “novel” before “variety or” and before “variety, a”, and in second sentence struck out “novel” before “variety is distributed”. 1980—Pub. L. 96–574 substituted “either the words ‘Unauthorized Propagation Prohibited’ or the words ‘Unauthorized Seed Multiplication Prohibited’ ” for “the words ‘Propagation Prohibited’ ”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.

§2567 Limitation of Damages; Marking and Notice