Grants of punitive damages signal growing IP protection

By Omesh Puri and Abhigyan Ashok, LexOrbis
0
2727
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

Damages, as the name implies, refers to a form of compensation as a result of breach, loss or injury. Punitive damages are pecuniary compensation awarded to punish the at-fault party, particularly for any intentional, malicious or outrageous act and for harming the rights of others.

Omesh PuriAssociate partnerLexOrbis
Omesh Puri
Associate partner
LexOrbis

Punitive damages are granted as exemplary damages, which are awarded in addition to actual damages, to discourage any malpractice that is intended to adversely impact the rights of others. Indian statutes lack any express provision for punitive damages, however, the judicial approach in this regard has been appreciable. Judges have recognized the concept of punitive damages, and have awarded them in several cases.

With respect to intellectual property (IP), Delhi High Court granted punitive damages for the first time in addition to compensatory damages in Time Inc v Lokesh Srivastava & Anr (2005), observing that “the time has come when the Courts dealing [with] actions for infringement of trademarks, copyrights, patents etc. should not only grant compensatory damages but award punitive damages also with a view to discourage and 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”.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Omesh Puri is an associate partner and Abhigyan Ashok is an associate at LexOrbis.

709/710 Tolstoy House

15-17 Tolstoy Marg

New Delhi – 110 001

India

Mumbai | Bengaluru

Contact details:

Tel: +91 11 2371 6565

Fax: +91 11 2371 6556

Email: mail@lexorbis.com

Website: www.lexorbis.com

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link