Evolving Principles For Award Of Punitive And Compensatory Damages In India

Introduction of punitive damages in IP litigations in India

The principles involved in awarding of damages in IP litigation in India have seen a great evolution in the recent past. The landscape focusing on the award of punitive damages was aggressively set in January, 2005 when a single judge of the Delhi High Court in a suit for trademark infringement in Time Incorporated v. Lokesh Srivastava and Anr. 2005 (30) PTC 3 Delobserved 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 discourageand 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