Sec. 124. DAMAGES
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/statute-compilations/comps-13825/sec-124A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 124 DAMAGES **[**[7 U.S.C. 2564](/us/usc/t7/s2564)**]** ###
(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.
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U.S. Code