Shift From Symbolic To Substantial Awards In IP Infringement Suits

Introduction

Damages awarded in India in IP infringement suits differ from case to case. Intellectual property enforcement in India was considered weak and ineffective for a long period of time, this is because the Courts rarely imposed damages, however injunctions were granted. This findings and approach by the courts has made infringement a low-risk high reward activity, which encouraged repeated infringements in multiple sectors especially in sectors like fashion and consumer goods.

However, over the past decades the Indian IP enforcement have demonstrated a drastic change, especially by the decisions by the Hon'ble Delhi High Court, which emphasized strongly on monetary remedies. This emergence of punitive and exemplary damages has signaled a new era in IP litigation. This change reflects Indias growing recognition for Intellectual Property a s commercial asset and its alignment with international standards.