PVPA Infringement
The owner of the variety may bring civil action against persons infringing on his or her rights a stated in the 1970 and 1994 PVPA. The damages awarded by a court must at least compensate the variety developer for the infringement but can be up to triple damages, when willful infringement is found.
Additionally, violation of any provisions of the Federal Seed Act, including Title V, is a misdemeanor
and is punishable by a fine not to exceed $2,000.
Title V
Under Title V variety protection (optional protection if chosen by the owner), sales of non-certified seed of Title V protected varieties is illegal. Most small grains varieties that are protected under the PVPA are also protected by Title V of the Federal Seed Act.
Further, PVPA protected varieties cannot be legally sold or bought as Variety Not Stated (VNS) seed.