(more on damages at http://keionline.org/damages)
7 U.S.C. §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. | Damages for infringement shall be adequate to compensate for infringement but no less than reasonable royalty, as determined by a jury or a judge. A court may treble the damages determined. A court shall have discretion to award damages in the case of innocent infringement committed prior to the issuance of a certificate of the infringed variety |
7 U.S.C. §2565 Attorney’s Fees | The court in exceptional cases may award reasonable attorney fees to the prevailing party. | Attorney fees awarded only in exceptional cases |
7 U.S.C. §2566 Time Limitation on Damages | (a) No recovery shall be had for that part of any infringement committed more than six years (or known to the owner more than one year) prior to the filing of the complaint or counterclaim for infringement in the action. (b) In the case of claims against the United States Government for unauthorized use of a protected variety, the period between the date of receipt of written claim for compensation by the department or agency of the Government having authority to settle such claim, and the date of mailing by the Government of a notice to the claimant that the claim has been denied shall not be counted as part of the period referred to in the preceding paragraph. | Statute of limitation of 6 years. Statute of limitation is tolled once the Government receive notice of a claim for compensation under this Chapter. |
7 U.S.C. §2566 Limitation on Damages; Marking and Notice | Owners may give notice to the public by physically associating with or affixing to the container of seed of a variety or by fixing to the variety, a label containing either the words “Unauthorized Propagation Prohibited” or the words “Unauthorized Seed Multiplication Prohibited” and after the certificate issues, such additional words as “U.S. Protected Variety”. In the event the variety 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 is a protected variety, 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. | A infringer who bought from an rights owner varieties of seeds not labeled “Unauthorized Propagation Prohibited” or “Unauthorized Seed Multiplication Prohibited” shall not be liable for damages in an infringement action unless the infringer had actual notice that the variety is protected under this Chapter. Infringer who committed the infringement after such notice is liable for damages. Courts have discretion to be lenient to good faith infringers. |
7 U.S.C. §2570 Liabilities of States, Instrumentalities o States, and State Officials for Infringement of Plant Variety Protection | (a) Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in the official capacity of the officer or employee, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity, for infringement of plant variety protection under section2541 of this title, or for any other violation under this subchapter. (b) In a suit described in subsection (a) of this section for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any private entity. Such remedies include damages, interest, costs, and treble damages under section 2564 of this title, and attorney fees under section 2565 of this title. | Desipte this statute, a state and its instrumentalities are immune to actions for damages |
28 U.S.C. §1498 Patent and Copyright Cases | (d) Hereafter, whenever a plant variety protected by a certificate of plant variety protection under the laws of the United States shall be infringed by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government, and with the authorization and consent of the Government, the exclusive remedy of the owner of such certificate shall be by action against the United States in the Court of Federal Claims for the recovery of his reasonable and entire compensation as damages for such infringement: Provided, That a Government employee shall have a right of action against the Government under this subsection except where he was in a position to order, influence, or induce use of the protected plant variety by the Government: Provided, however, That this subsection shall not confer a right of action on any certificate owner or any assignee of such owner with respect to any protected plant variety made by a person while in the employment or service of the United States, where such variety was prepared as a part of the official functions of the employee, or in the preparation of which Government time, material, or facilities were used: And provided further, That before such action against the United States has been instituted, the appropriate corporation owned or controlled by the United States or the head of the appropriate agency of the Government, as the case may be, is authorized to enter into an agreement with the certificate owner in full settlement and compromise, for the damages accrued to him by reason of such infringement and to settle the claim administratively out of available appropriations. | When the infringer is the United States Government or its agent, the United States Government shall pay reasonable and entire compensation. A government employee may not bring an infringement action against the Government if he was in a position to order, influence or induce the use of the protected plant variety work by the Government. A person may not bring an infringement action against the Government if the plant variety protectioninfringed was made by him in the course of the official function of his employment when Government time, materials and facilities were used. The United States or its agent has the authority to settle a plant variety protection infringement claim administratively out of available appropriations. |