Herald of a new era for award of damages

By Abhai Pandey, Lex Orbis IP Practice
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It may be appropriate to begin with a quote from a judgment of the Delhi High Court in Time Incorporated v Lokesh Srivastava & Anr 2005 (30) PTC 3 (Del). Interesting, equally insightful and self-explanatory observations of the court states:

Abhai Pandey,lawyer,Lex ORBIS IP Practice
Abhai Pandey
Lawyer
Lex ORBIS IP Practice

“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 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 on them.”

Damages and more

In the case, apart from granting compensatory damages, the court also awarded punitive damages of about US$12,000 (Rs500,000) as claimed by the plaintiff.

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Abhai Pandey is a lawyer with Lex ORBIS IP Practice, a firm specializing in intellectual property with offices in New Delhi.

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Email: mail@lexorbis.com
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