---
kind: "section"
citation: "7 U.S.C. § 2564"
title: "7"
title_heading: "Agriculture"
number: "2564"
heading: "Damages"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/2564"
units:
  - "Chapter 57 — Plant Variety Protection"
  - "Subchapter III — Plant Variety Protection and Rights"
  - "Part L — Remedies for Infringement of Plant Variety Protection, and Other Actions"
---

# §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](/usc/7/2401.md?p=a-10) 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](/usc/7/2401.md?p=a-10), 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.)