Quantum Of Punitive Damages In IPR Disputes

By Vijay Pal Dalmia, Advocate
Supreme Court of India & High Court
Partner Vaish Associates Advocates
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AND -Satyam Sharma, Symbiosis Law School, Pune
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Indian Jurisprudence pertaining to the Quantum of damages in cases of IPR disputes has been uncertain for a very long time. While the parliament has laid down a formula to calculate compensation in acts such as the Motor Vehicles Act for 'no fault liability' or the Workmen Compensation Act, 1923 a straightjacket formula to calculate the quantum of damages awarded in IPR disputes seems to be impermissible. While the judiciary has played a pro-active role in elucidating clearer and just guidelines for the compensation under the MV Act,¹ their approach towards IPR disputes vis-a-vis damages has made