The Indian district courts rarely grant significant damages in IP cases. However, this recently changed as a district court in Ahmedabad passed a significant judgment restraining the defendants from using the plaintiffs' software and ordering the defendants to pay $81,1795 in damages. This judgment is the first of its kind and will pave the way for other district courts to award damages in infringement suits in accordance with the irreparable loss and damage suffered by plaintiffs.
The Copyright Act specifically addresses authors' special rights, which comprise the right to claim authorship of a work and the right to prevent any distortion, modification or mutilation of a work which would be prejudicial to the author's reputation. While jurisprudence on moral rights is still relatively limited, a few foundational cases are emblematic of India's approach and the associated legal issues.