U.S. Code » Title 7 » Chapter CHAPTER 57— PLANT VARIETY PROTECTION › Subchapter SUBCHAPTER III— PLANT VARIETY PROTECTION AND RIGHTS › Part Part L— Remedies for Infringement of Plant Variety Protection, and Other Actions

7 U.S.C. § 2564

Damages

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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.)
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2008–2025 · leading case: Exxon Shipping Co. v. Baker, 128 S. Ct. 2605 (2008).
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Exxon Shipping Co. v. Baker, 128 S. Ct. 2605 (2008). · cites it 2× “V); 7 U.S.C. § 2564 (plant variety protections); 12 U.”
FDIC v. Chicago Title Ins. Compa, 12 F.4th 676 (7th Cir. 2021). “§ 1961 (a) (post-judgment interest “shall be allowed on any money judgment in a civil case recovered in a district court”); 7 U.S.C. § 2564 (in infringement of plant vari- ety protection, the court “shall award damages adequate to compensate for the infringement but in no event…”
Grant Thornton, LLP v. Fed. Deposit Ins., 435 F. App'x 188 (4th Cir. 2011). “§ 1961 (a) (stating that postjudgment interest “shall be allowed on money judgment in a civil case recovered in a district court” and specifying in detail how interest is to be calculated); 7 U.S.C. § 2564 (in infringement of plant variety protection, the court “shall award…”
Mixon Seed Serv. Inc v. Hill (M.D. Ga. 2025). · cites it 2× “Here, Plaintiffs request the statutory damages provided for in 7 U.S.C. § 2564 . (Doc. 11 at 12). According to the damages provision of the PVPA, “[u]pon finding an infringement the court shall award damages adequate to compensate for the infringement but in no event less than a…”
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