§ 2567. Limitation of damages; marking and notice

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. 1970

   Pub. L. 91–577 title III § 127 · 84 Stat. 1542

   Enacted · 7 U.S.C. § 2567

   Pub. L. 91–577, title III, § 127, Dec. 24, 1970, 84 Stat. 1557

   Source evidence

   Code source credit
   Pub. L. 91–577, title III, § 127, Dec. 24, 1970, 84 Stat. 1557

   Enacted provision · exact public law section
   Sec. 127. Limitation of Damages; Marking and Notice. Owners may give notice to the public by physically associating with or affixing to the container of seed of a novel variety or by fixing to the novel variety, a label containing the words “Propagation Prohibited” and after the certificate issues, such additional words as “U.S. Protected Variety”. In the event the novel 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 tn disposal of materials acquired in good faith by acts prior to such notice.

2. 1980

   Pub. L. 96–574 § 19(b) · 94 Stat. 3350

   Substituted · 7 U.S.C. § 2567

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

   Source evidence

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

   Enacted provision · exact public law section
   (b) Section 127 of such Act (7 U.S.C. 2567) is amended by striking out “the words ‘Propagation Prohibited’” and inserting in lieu thereof “either the words ‘Unauthorized Propagation Prohibited’ or the words ‘Unauthorized Seed Multiplication Prohibited’”.

3. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 11 · 108 Stat. 3136

   Struck · 7 U.S.C. § 2567

   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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   SEC. 11. LIMITATION OF DAMAGES; MARKING AND NOTICE. Section 127 (7 U.S.C. 2567) is amended by striking “novel” each place it appears.

   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.

3 of 3 references resolved to an enrolled provision