Delhi High Court Restrains Oiltech Engineering From Using Pirated Bentley STAAD, SACS Software

Justice Tushar Rao Gedela observed, “It appears that the defendants rather than procuring genuine licenses have used pirated/unauthorized versions of the said softwares. The defendants have by such use, infringed plaintiff no.1's copyright subsisting in the software programs.”

Bentley Systems Inc. and its Indian subsidiary had filed the suit against Oiltech Engineering India Private Limited and its director Dilip Radhakrishnan alleging copyright infringement of their STAAD and SACS software programs.

The company contended that its software programs were entitled to protection in India even though they were first published and registered in the United States. It argued that since both India and the United States are member countries of the Berne Convention, the Universal Copyright Convention, and the World Trade Organization Agreement, its works are protected under Indian copyright law as though they were first published in India.

On this basis, the plaintiffs asserted that the software programs are protected under Section 40 of the Copyright Act, 1957 read with the International Copyright Order, 1999.

The court observed that Oiltech Engineering demonstrated a lack of vigilance by failing to bring a written statement on record despite multiple opportunities. Justice Gedela noted that the firm also failed to pay a Rs. 1 lakh cost previously imposed by the court for procedural delays

“It would be of some significance to bear in mind that in the absence of any rebuttal or traverse to the facts stated in the plaint and the application seeking summary judgment, this Court deems such facts to be admitted and proceeds to consider the present application and dispose of the same,” the bench noted.

The bench observed that such usage caused harm to the software company and resulted in "unjust enrichment" by the engineering firm through the use of unlicensed tools.

Consequently, the court granted a permanent injunction restraining Oiltech Engineering, its agents, and its directors from copying, installing, or using any pirated software developed by Bentley Systems.

The court directed the engineering firm to pay Rs 5,55,087 in costs, which includes court fees, investigation expenses, and legal fees incurred during the suit.

For Bentley Systems: Advocates Pravin Anand, Shantanu Sahay, Swstik Bisarya and Manvi Panwar

For Defendants: Advocate Muralidharan