
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: 7USC2567]

 
                          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. 2567. Limitation of damages; marking and notice

    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 of 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.

(Pub. L. 91-577, title III, Sec. 127, Dec. 24, 1970, 84 Stat. 1557; Pub. 
L. 96-574, Sec. 19(b), Dec. 22, 1980, 94 Stat. 3351; Pub. L. 103-349, 
Sec. 11, Oct. 6, 1994, 108 Stat. 3142.)


                               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' ''.


                    Effective Date of 1994 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2541, 2543 of this title.
