Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Dassault Systemes & Ors vs Imperial Auto Industries Limited & Anr on 18 July, 2022

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~20
                          *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +                CS(COMM) 390/2021 & I.A. 10698/2021
                                   DASSAULT SYSTEMES & ORS.                ..... Plaintiffs
                                                Through: Mr. Shantanu Sahay & Mr. Apoorv
                                                         Bansal, Advocates (M-7044127966)
                                                versus

                                   IMPERIAL AUTO INDUSTRIES LIMITED & ANR...... Defendants
                                                Through: Mr. Avinash Tripathi, Mr. Gaurav
                                                         Bhardwaj, Advocates for D-1&2.

                                   CORAM:
                                   JUSTICE PRATHIBA M. SINGH
                                            ORDER

% 18.07.2022

1. The present suit was filed seeking a permanent injunction restraining the infringement of the Plaintiffs' copyright, as also reliefs for rendition of accounts of profit, damages, etc. in respect of the Plaintiffs' software programs CATIA and SOLIDWORKS.

2. Vide order dated 31st August, 2021, an ex-parte interim injunction was granted in this matter. The relevant extract of the said order reads as under:

"10. Having heard learned counsel for the plaintiffs and perused the record, particularly the registration of the CATIA and SOLIDWORKS software programs , as copyrighted intellectual properties, and in the light of the infringement details, reflecting instances of infringement of these registered copyrighted works, till the next date of hearing, the defendants, their principal officers, directors, agents, franchisees, servants and all others acting for and on their behalf at the defendants' premises, are restrained from directly or indirectly:

(a) using for any kind of computer related Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 390/2021 Page 1 of 3 Signing Date:20.07.2022 12:14:33 activities or otherwise in any other manner, any pirated/unlicensed/unauthorized software programs of the plaintiffs or reproducing and distributing any pirated/unlicensed/unauthorized software of the Plaintiffs in contravention of the terms of the End User License Agreement(s) (EULA)/ Customer License and Online Services Agreement (CLOSA), or infringing in any other manner or causing or enabling or assisting others to infringe the copyrights of the plaintiffs, including CATIA and SOLIDWORKS software and its various versions or any other software programs developed by the plaintiffs in any manner that may amount to infringement of the plaintiffs copyright subsisting in its software programs as well as associated modules and 'Add-ins' and software related documentation; and,

(b) formatting the computer systems a nd/or erasing any data, log files, installations, etc. pertaining to assisting others to infringe the copyrights of the plaintiffs subsisting in its software programs and software related documentation including CATIA and SOLIDWORKS as well as associated modules and 'Add-ins' software and its various versions or any other software programs developed by the plaintiffs."

3. Subsequently, vide order dated 8th March, 2022, the parties were referred to mediation.

4. Today, ld. Counsels for the parties submit that the parties have resolved their disputes vide settlement agreement dated 4th July, 2022 entered under the aegis of the Delhi High Court Mediation and Conciliation Centre.

5. As per the said Settlement Agreement, the Defendants have procured licenses of the Plaintiffs' software programs as detailed in Annexure C (Colly.). The payment for the said licenses has also been made through post- dated cheques in favour of 'EDS Technologies Pvt. Ltd.'. The payment is acknowledged by the Plaintiffs. Further, the Plaintiffs have undertaken to not raise any dispute as to the validity and legitimacy of the payment made towards procurement of the Plaintiffs' software programs.

6. The Court has perused the terms of the Settlement Agreement. The same are lawful and there is no impediment in recording the same. The powers of attorney as also authority letters and board resolutions are attached with the Settlement Agreement. All parties shall be bound by the terms of the Settlement Agreement.

7. The suit is accordingly decreed in terms of the settlement agreement. Decree sheet be drawn accordingly.

8. All pending applications are also disposed of.

PRATHIBA M. SINGH, J JULY 18, 2022 Rahul/MS Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 390/2021 Page 3 of 3 Signing Date:20.07.2022 12:14:33