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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT BANSAL
Dassault Systemes – Appellant
Versus
Advanced Engineering Solutions – Respondent
| Table of Content |
|---|
| 1. factual background of the plaintiffs’ software and copyright. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. circumstances leading to the defendants' copyright infringement. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. analysis of defendants' conduct and plaintiffs' claims. (Para 19 , 20 , 21 , 22) |
| 4. legal findings on copyright ownership and infringement. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 5. determination of damages and compensation. (Para 38 , 39 , 40 , 41) |
| 6. final relief and court orders issued. (Para 42 , 43 , 44 , 45 , 46 , 47) |
JUDGMENT :
AMIT BANSAL, J.
1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the copyright of the plaintiffs, along with other ancillary reliefs.
CASE SET UP BY THE PLAINTIFFS
2. The plaintiffs in the present suit are, Dassault Systèmes (plaintiff no. 1), a French corporation; Dassault Systèmes SolidWorks Corporation (plaintiff no. 2), a U.S.-based company; and plaintiff no. 3, Dassault Systemes India Private Limited, wholly-owned subsidiary of the plaintiff no. 1 and sister concern of the plaintiff no. 2. The plaintiff no. 3 was set up to carry out business activiti
Court ruled that unauthorized software use constitutes copyright infringement and emphasized the necessity of valid licenses for software usage.
Unauthorized use of copyrighted software constitutes infringement under the Copyright Act, allowing for injunctive relief and damages.
Unauthorized use of software constitutes copyright infringement, warranting injunctive relief to protect intellectual property rights under the Copyright Act.
Copyright infringement in software programmes under the Copyright Act, 1957, leading to remedies including permanent injunction, delivery up of unlicensed software, and damages.
The court ruled that jurisdiction objections must be accepted based on the plaint's claims, enabling a foreign entity's operational presence via a local subsidiary to maintain a suit under the Copyri....
The court established that liability for copyright infringement exists even if unauthorized use is by employees, rejecting claims of abuse of process when genuine grievances are addressed.
A copyright infringement claim requires proof of ownership and unauthorized use, with unchallenged evidence establishing infringement leading to dismissal of counterclaims lacking merit.
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