Synopsis

The plaintiffs, owners of the copyrighted SOLIDWORKS software (a 3D CAD/CAM/CAE program), filed a suit alleging that the defendants were using pirated/unlicensed copies of the software on at least seven computer systems. The plaintiffs relied on an in‑built security mechanism (“Phone Home”) that detected infringement hits and transmitted data (MAC addresses, IP addresses, etc.) to their servers. The defendants were served, entered appearance once, but thereafter failed to file a written statement or participate in the proceedings. They were proceeded ex parte. The court held that the plaintiffs had proved infringement through unchallenged evidence and expert testimony, and passed a decree of permanent injunction, damages of Rs. 64,79,941/- (value of genuine licenses for seven computers), and costs of Rs. 3,21,013/-.

Court: High Court of Delhi
Coram: Tushar Rao Gedela, J.
Date: April 8, 2026
Citation: 2026:DHC:2931
Core Law: Copyright Act, 1957 – Sections 40, 58; International Copyright Order, 1999; Code of Civil Procedure, 1908 – Order VIII Rule 10 (ex parte decree).

2. Legal Framework

• Copyright Act, 1957: Section 40 – protection of foreign works under international conventions (Berne Convention, Universal Copyright Convention, TRIPS). Section 58 – delivery up of infringing copies.

• International Copyright Order, 1999: Extends copyright protection to works first published in member countries (including the USA).

• Code of Civil Procedure, 1908: Order VIII Rule 10 – when a party fails to file a written statement, the court may pronounce judgment against him.

• Indian Evidence Act, 1872: Section 65B – admissibility of electronic records (the “Phone Home” data and Exalead portal printouts were relie

... Upgrade to a Premium Plan to view the full judgment.