Copyright Infringement in India

A French SME with a global reputation for developing computer programmes for the modelling, simulation and creation of products in a three-dimensional environment sought to expand its presence in the Indian market. The EU company established an Indian subsidiary to help its operations in the market. The company’s computer programmes were already well known and utilised in a variety of industries including aerospace, manufacturing, defence and automotive. The SME was aware that a software programme is automatically protected by the copyright since the moment of its publication, as mandated by the Berne Convention, to which all the countries in which they are present – including India – are signatories. Therefore, they did not register their copyright in these countries, understanding that it was unnecessary. As the EU company grew its business in India, it continued to monitor the market for unlicensed and pirated software use. The EU company was quickly alerted about large volumes of pirated and unauthorised versions being used by a local manufacturer. In fact the local manufacturer had pirated and then used an unauthorised version of the company’s programme without paying the licencing fees. The EU company checked its surveillance and monitoring systems and discovered that the use of the pirated or unauthorised versions of the company’s programme had been increasing over time. Consequently, the EU company sought advice from an IP expert to guide them on how to deal with this situation.