Skip to content

7 U.S.C. § 2564

Title 7 Chapter 57 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

§ 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.

Change History

No history yet for this section.