Principles of Damages in IPR Cases

Principles of Damages in IPR Cases

In case of Koninlijke Philips N.V. and Another Versus Amazestore and Others [2019] GCtR 6265 (Delhi) a rule of thumb was enunciated that should be followed while granting damages. Further, the Court in said case granted compensatory and aggravated damages in view of the defendants violating the order of the Court and the rights of the plaintiff. Under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 read with the Delhi High Court (Original Side) Rules, 2018, actual costs can be awarded to the party. Degree of mala fide conduct has a direct impact on the quantum and nature of damages that could be awarded in addition to a claim for actual/compensatory damages.