2013 US Code
Title 7 - Agriculture
Chapter 57 - PLANT VARIETY PROTECTION (§§ 2321 - 2583)
Subchapter III - PLANT VARIETY PROTECTION AND RIGHTS (§§ 2531 - 2583)
Part L - Remedies for Infringement of Plant Variety Protection, and Other Actions (§§ 2561 - 2570)
Section 2564 - Damages
| Publication Title | United States Code, 2012 Edition, Supplement 1, Title 7 - AGRICULTURE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | 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 |
| Contains | section 2564 |
| Date | 2013 |
| Laws in Effect as of Date | January 16, 2014 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 91-577, title III, §124, Dec. 24, 1970, 84 Stat. 1556. |
| Statutes at Large Reference | 84 Stat. 1556 |
| Public Law Reference | Public Law 91-577 |
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(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, §124, Dec. 24, 1970, 84 Stat. 1556.)
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