IP Law – damages – Cases and Materials

Code of Intellectual Property Act 1979 and 2003 discussed – damages – proved damages and statutory damages – powers of the District Court when granting damages
“When considering the new regime introduced by the Act introduced in the year 2003, it is clear that the Act has clearly identified two regimes in awarding damages. The party comes before court has a duty to prove actual damages, if the party intends claiming actual damages. Otherwise the party can elect to receive statutory damages, but the amount that can be awarded is restricted between Rs. 50,000/- and Rs. 1000,000/-. The new Act does not identify the award of estimated damages to any party.”

THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

SC Appeal 163/2017

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