
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC2564]

 
                          TITLE 7--AGRICULTURE
 
                  CHAPTER 57--PLANT VARIETY PROTECTION
 
           SUBCHAPTER III--PLANT VARIETY PROTECTION AND RIGHTS
 
Part L--Remedies for Infringement of Plant Variety Protection, and Other 
                                 Actions
 
Sec. 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.

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

                  Section Referred to in Other Sections

    This section is referred to in section 2570 of this title.
