A Trend Toward Higher Damages in IP Litigation in India
Published: December 9, 2020
Aarohan Bansal
ZeusIP Advocates LLP New Delhi, India INTA Bulletins—Asia-Pacific Subcommittee
Judicial decisions in trademark cases in India in recent years have shown a trend toward increased punitive damages, in addition to actual damages when the latter are not deemed sufficient or to act as a deterrent to the infringer and others. This article takes a closer look at Indian courts’ criteria and reasoning for granting punitive damages over the past few years.
Time Inc. Decision of 2005
While the award of damages by Indian courts is not new, the celebrated case of