The Plaintiffs, Bentley Systems and its subsidiary, sought a permanent injunction against the Defendants for copyright infringement of various software programs. The Plaintiffs’ software programs had been created and registered in the US and were thus protected in India under the Berne Convention. Based on various security mechanisms and market sources, the Plaintiffs noticed that the Defendants were using pirated versions of two proprietary software programs. The Plaintiffs then attempted to resolve the matter by issuing legal notices and through mediation, with no results.
The Court found that the Plaintiffs had made out a prima facie case in their favour, and would suffer irreparable harm if no injunction was issued. Thus, the Court issued an ex-parte interim injunction restraining the Defendants and their representatives from any unlicensed copying, reproduction, installation or other infringing use of the Plaintiff’s software programs.
Citation: Bentley Systems Inc and Anr vs SM Consultants Private Limited and Anr, Delhi High Court, 23rd February, 2024, CS(COMM) 162/2024.
Drafted by Ms. Ashwini Arun, Consulting & Strategy Team, BananaIP Counsels
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