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Title 7 — Agriculture

Part L · Chapter 57 — Plant Variety Protection

§ 2566. Time limitation on damages

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 91–577 title III § 126 · 84 Stat. 1542

    Enacted · 7 U.S.C. § 2566

    Pub. L. 91–577, title III, § 126, Dec. 24, 1970, 84 Stat. 1556

    Source evidence

    Code source credit
    Pub. L. 91–577, title III, § 126, Dec. 24, 1970, 84 Stat. 1556

    Enacted provision · exact public law section
    Sec. 126. 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 his claim has been denied shall not be counted as part of the period referred to in the preceding paragraph.

  2. Plant Variety Protection Act Amendments of 1994

    Pub. L. 103–349 § 13(u) · 108 Stat. 3136

    Substituted · 7 U.S.C. § 2566(b)

    Pub. L. 103–349 substituted “the” for “his” before “claim has been denied”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–349 substituted “the” for “his” before “claim has been denied”.

    Enacted provision · exact public law section
    (u) Section 126(b) (7 U.S.C. 2566(b)) is amended by striking “his” and inserting “the”.

    Effective date note
    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.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

1994—Subsec. (b). Pub. L. 103–349 substituted “the” for “his” before “claim has been denied”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

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

Credits

1970–1994 · 2 acts
  1. 1970Pub. L. 91–577, title III, § 126, , 84 Stat. 1556
  2. 1994Pub. L. 103–349, § 13(u), , 108 Stat. 3144.
Show as published

(Pub. L. 91–577, title III, § 126, , 84 Stat. 1556; Pub. L. 103–349, § 13(u), , 108 Stat. 3144.)

Parsed from the official OLRC USLM XML in data/usc_all/usc07.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t7/s2566