Section 20 in Delhi High Court Intellectual Property Rights Division Rules, 2022
20. Damages/Account of profits
A party seeking damages/account of profits, shall give a reasonable estimate of the amounts claimed and thefoundational facts/account statements in respect thereof along with any evidence, documentary and/or oral ledby the parties to support such a claim. In addition, the Court shall consider the following factors whiledetermining the quantum of damages:(i)Lost profits suffered by the injured party;(ii)Profits earned by the infringing party;(iii)Quantum of income which the injured party may have earned through royalties/license fees, had theuse of the subject IPR been duly authorized;(iv)The duration of the infringement;(v)Degree of intention/neglect underlying the infringement;(vi)Conduct of the infringing party to mitigate the damages being incurred by the injured party;In the computation of damages, the Court may take the assistance of an expert as provided for under Rule 31 ofthese Rules.
