7 U.S. Code § 2567

7 U.S. Code § 2567 is about Limitation of damages; marking and notice. It is under Part L (Remedies for Infringement of Plant Variety Protection, and Other Actions) of Subchapter III (Plant Variety Protection And Rights) of Chapter 57 (Plant Variety Protection) of Title 7 (Agriculture) of the Code.

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.