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7 U.S.C. § 2564Damages

submitted 56 years ago by Pub. L. 91-577 to r/title-7-AGRICULTURE · 139 words · no verdicts yet

in plain englishAI-generated · not legal advice

A court must award infringement damages adequate to compensate the plant variety owner, at least a reasonable royalty, plus court-fixed interest and costs. The court may increase damages up to three times and may consider expert testimony and innocent intent.

(a) Upon finding an infringement the court must 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 must 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 before, or resulting from a planting before, issuance of a certificate for the infringed variety, a court finding the infringer to have established innocent intentions, has discretion as to awarding damages.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 91–577, title III, § 124, Dec. 24, 1970, 84 Stat. 1556.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-577 · 84 Stat. 1556

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-577 on 1970-12-24.

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