India has made great strides in setting up its intellectual property infrastructure, but is it extensive enough to facilitate the effective ownership of IP assets?
The case of Time Incorporated v Lokesh Srivastava & Anr, decided by Delhi High Court in January 2005, was relatively uncomplicated. Yet it set the ball rolling for Indian courts to award punitive damages for the infringement of intellectual property (IP) rights. Time Incorporated, the publisher of Time and Time Asia, was awarded ₹500,000 (US$10,000) for damages to its reputation and goodwill and another ₹500,000 as punitive and exemplary damages “for flagrant infringement” of its trademark and copyrights.
Making the order, Justice Chopra said he had “no hesitation in saying that the time has come” for courts to award punitive damages to “discourage and dishearten law-breakers who indulge in violations with impunity”.
Since this landmark ruling, Delhi High Court – which some observers believe is the only court to have taken Justice Chopra’s words to heart – has awarded damages in no less than 126 cases and cemented its reputation as being India’s most IP-savvy court.
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