Grants of punitive damages signal growing IP protection

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.

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.

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