7 USC § 2564 - Damages

---
identifier: "/us/usc/t7/s2564"
source: "usc"
legal_status: "official_prima_facie"
title: "7 USC § 2564 - Damages"
title_number: 7
title_name: "AGRICULTURE"
section_number: "2564"
section_name: "Damages"
chapter_number: 57
chapter_name: "PLANT VARIETY PROTECTION"
subchapter_number: "III"
subchapter_name: "PLANT VARIETY PROTECTION AND RIGHTS"
part_number: "L"
part_name: "Remedies for Infringement of Plant Variety Protection, and Other Actions"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 91–577, title III, § 124, Dec. 24, 1970, 84 Stat. 1556.)"
---


# § 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.

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