---
kind: "section"
citation: "7 U.S.C. § 2567"
title: "7"
title_heading: "Agriculture"
number: "2567"
heading: "Limitation of damages; marking and notice"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/2567"
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"
---

# §2567. Limitation of damages; marking and notice


Owners may give notice to the public by physically associating with or affixing to the container of [seed](/usc/7/2401.md?p=a-6) of a [variety](/usc/7/2401.md?p=a-10) or by fixing to the [variety](/usc/7/2401.md?p=a-10), a label containing either the words “Unauthorized Propagation Prohibited” or the words “Unauthorized [Seed](/usc/7/2401.md?p=a-6) Multiplication Prohibited” and after the certificate issues, such additional words as “U.S. Protected [Variety](/usc/7/2401.md?p=a-10)”. In the event the [variety](/usc/7/2401.md?p=a-10) is distributed by authorization of the owner and is received by the infringer without such marking, no damages shall be recovered against such infringer by the owner in any action for infringement, unless the infringer has actual notice or knowledge that propagation is prohibited or that the [variety](/usc/7/2401.md?p=a-10) is a protected [variety](/usc/7/2401.md?p=a-10), in which event damages may be recovered only for infringement occurring after such notice. As to both damages and injunction, a court shall have discretion to be lenient as to disposal of materials acquired in good faith by acts prior to such notice.


## Source credit

(Pub. L. 91–577, title III, § 127, Dec. 24, 1970, 84 Stat. 1557; Pub. L. 96–574, § 19(b), Dec. 22, 1980, 94 Stat. 3351; Pub. L. 103–349, § 11, Oct. 6, 1994, 108 Stat. 3142.)

## Notes

### Editorial Notes

### Amendments

1994—Pub. L. 103–349 in first sentence struck out “novel” before “variety or” and before “variety, a”, and in second sentence struck out “novel” before “variety is distributed”.

1980—Pub. L. 96–574 substituted “either the words ‘Unauthorized Propagation Prohibited’ or the words ‘Unauthorized Seed Multiplication Prohibited’ ” for “the words ‘Propagation Prohibited’ ”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.