Rule 20 of the Delhi High Court Intellectual Property Rights Division Rules, 2022 specifies the procedure for seeking damages or an account of profits in intellectual property disputes, requiring parties to furnish a reasonable estimate of damages along with supporting documentary or oral evidence. Additionally, the Rule outlines the following factors that the Court must consider when determining the quantum of damages:
1. Lost profits suffered by the injured party.
2. Profits earned by the infringing party.
3. Quantum of income which the injured party may have earned through royalties/ license fees, had the use of the subject IPR been duly authorized.
4. Duration of the infringement.
5. Degree of intention/ neglect underlying the infringement.
6. Conduct of the infringing party to mitigate the damages being incurred by the injured party.
