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Informist, Friday, Feb. 21, 2025

 

NEW DELHI – The Delhi High Court Friday restrained Advanced Engineering Solutions from directly or indirectly copying, reproducing, storing, installing, and/or using pirated/unlicensed versions of French corporation Dassault Systemes and related companies' "Solidworks", "Catia", and "Simulia" software programs. The court also passed a decree of damages of INR 27.83 million and cost of INR 321,000 in favour of Dassault Systemes, the US-based Dassault Systemes SolidWorks Corp., and Dassault Systemes India Pvt. Ltd.

 

Solidworks, owned by the US-based company, is a computer-aided design software used for modelling and simulating three-dimensional solid products. Catia is a 3D modelling and design software that allows the user to model products in a manner that would simulate their use in the real world. Simulia is a multiphysics modelling software that simulates the reliability, performance, and safety of the products.

 

"In the present case, the infringement hits recorded on the 'phone home' technology of the plaintiffs clearly show unauthorised use of the plaintiffs' software programs on multiple computer systems of the defendants," said the court.

 

The director of Advanced Engineering Solutions had told the court that the company did not acquire the "Catia" and "Simulia" software. However, it was evident from the independent investigation of the plaintiffs that Advanced Engineering's employees had admitted the unauthorised use of "Catia V5" for 3D modelling in the company. In addition, another employee of Advanced Engineering had admitted that multiple teams in the company use Solidworks 2019.

 

The petitioners operate on a licensing system, where customers acquire the right to use the software but not ownership. Software is licensed through internet delivery, with customers agreeing to an End-User Licence Agreement before installation. 

 

In 2018, the plaintiffs received credible information from market sources that the defendants were using large volumes of pirated or unauthorised versions of its software programmes. The plaintiffs said the defendants were knowingly using the pirated or unauthorised versions of software programs rather than procuring genuine licences for the programs. Accordingly, it sought a permanent injunction against Advanced Engineering and its director officers.  End

 

Reported by Surya Tripathi

Edited by Rajeev Pai

 

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