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Dassault Systemes & Ors vs Advanced Engineering Solutions & Anr on 15 September, 2020

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

                          $~ 2
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CS(COMM) 378/2020 & I.A. Nos.8127-29/2020
                                 DASSAULT SYSTEMES & ORS.                       .....Plaintiffs
                                         Through : Mr. Pravin Anand with Mr. Shantanu Sahay
                                                   and Mr. Rohan Sharma, Advs.

                                                     versus

                                 ADVANCED ENGINEERING SOLUTIONS & ANR.
                                                                                           .....Defendants
                                               Through :      None.
                                 CORAM:
                                 HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                         ORDER

% 15.09.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No. 8128/2020

1. Allowed. The plaintiffs are permitted to file additional documents. 1.1 The additional documents will be filed within 30 days from today.

2. Allowed, subject to the plaintiffs curing the deficiencies referred to in the captioned application within five days from today. CS(COMM) 378/2020 & I.A. No. 8127/2020

3. Mr. Pravin Anand, who appears for the plaintiffs, says that there has been an egregious violation of the plaintiffs' copyrights by the defendants. The plaintiffs, according to Mr. Anand, are inter alia the owners of the following software programmes:

(i) CATIA, (ii) SOLIDWORKS, (iii) DELMIA, (iv) SIMULIA.

3.1 Mr. Anand says that the defendants are using three out the aforesaid four software programmes i.e. CATIA, SOLIDWORDS AND SIMULIA, albeit, without obtaining a license in that behalf. According to Mr. Anand, such conduct of the defendants is impacting the plaintiffs' statutory rights and business interests.

3.2 Mr. Anand also submits that the security system incorporated in aforementioned software programmes allows the plaintiffs to track the violations. The violations, according to Mr. Anand, are tracked as "infringement hits". For this purpose, Mr. Anand, inter alia, draws my attention to page 98 of the documents filed by the plaintiffs. The said document is suggestive of the fact that the infringement took place on 18.04.2018.

3.3 Mr. Anand further informs me that the most recent infringement occurred on 14.08.2020. For this purpose, my attention has been drawn to page 132 of the documents filed by the plaintiffs.

4. The record is suggestive of the fact that the plaintiffs have been engaged with the defendants, if not earlier, at least since April 2018 and they have been attempting to persuade the defendants to legitimize the use of their software programmes by obtaining a license.

5. In these circumstances, I am of the view that a short notice can be accorded to the defendants to gather as to what is their say in the matter.

6. Accordingly, issue summons in the suit and notice in the captioned application via email and WhatsApp, which are made returnable on 18.09.2020.

RAJIV SHAKDHER, J SEPTEMBER 15, 2020/PMC/KK Click here to check corrigendum, if any CS(COMM) 378/2022 2/2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:16.09.2020 11:17:03