ARTICLE
22 January 2019

Evolving Principles For Award Of Punitive Damages

L
LexOrbis

Contributor

LexOrbis is a premier full-service IP law firm with 270 personnel including 130+ attorneys at its three offices in India namely, New Delhi, Bangalore and Mumbai. The firm provides business oriented and cost-effective solutions for protection, enforcement, transaction, and commercialization of all forms of intellectual property in India and globally. The Firm has been consistently ranked amongst the Top- 5 IP firms in India for over the past one decade and is well-known for managing global patent, designs and trademark portfolios of many technology companies and brand owners.
The principles involved in award of damages in intellectual property (IP) litigation in India have seen much evolution in the recent past.
India Intellectual Property
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The principles involved in award of damages in intellectual property (IP) litigation in India have seen much evolution in the recent past. The landscape of the award of punitive damages was aggressively set in January 2005, when a single judge of Delhi High Court in a suit for trademark infringement in Time Incorporated v Lokesh Srivastava and Anr (2005), observed that: "This court has no hesitation in saying that the time has come when the courts dealing actions for infringement of trademarks, copyrights, patents, etc., should not only grant compensatory damages but award punitive damages also with a view to discourage dishearten law breakers who indulge in violations with impunity out of lust for money so that they realize that in case they are caught, they would be liable not only to reimburse the aggrieved party but would be liable to pay punitive damages also, which may spell financial disaster for them."

Aprajita Nigam and Dheeraj Kapoor discuss about the Evolving principles for award of punitive damages in their article published in IBLJ, which can be viewed at https://www.vantageasia.com/evolving-principles-award-punitive-damages/

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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