Limitation of Damages; Marking and Notice.

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.