The "Solidworks" software is a computer-aided design (CAD) programme designed towards modelling and simulating three-dimensional (3D) solid items in a variety of industries, including aerospace, defense, automotive, tran

CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · December 2024
The "Solidworks" software is a computer-aided design (CAD) programme designed towards modelling and simulating three-dimensional (3D) solid items in a variety of industries, including aerospace, defense, automotive, transportation, consumer goods, and education. The "Solidworks" software package is a small Computer-aided design and computer-aided engineering (CAE) programme that simplifies product development in a 3D environment. This matter revolves around their "Solidworks" software. Dassault's software was created by its employees, and the rights to it belong to Dassault. The Copyright Act of 1957 protects its software programme and manuals. The software programme was first published in the United States of America. Dassault Systems, a French corporation, filed a lawsuit alleging copyright infringement of their Solidworks software by the defendant Spartan Engineering. Dassault said that in May 2018, it discovered that Spartan Engineering Industries Private Limited ("Spartan") was allegedly using pirated and illegal modifications of the "Solidworks" software. Dassault launched a lawsuit against Spartan in the Delhi High Court, alleging copyright infringement. Dassault stated that illicit use of the software had doubled since August 2020 and that its efforts to find a solution had failed because Spartan denied infringing on Dassault's software. The defendant stated that as the copyright for the said software is not registered in India they are not liable for copyright infringement. Apart from remedies for infringement of copyright, the Act expressly provides for the protection of special rights of the author. Explain.

Answer & Explanation:

Special Rights of the Author (Moral Rights) Apart from remedies for infringement of copyright, the Act expressly provides for the protection of special rights of the author known as moral rights. Under Section 57 of the Act an author of copyright work can restrain or claim damages in respect of any distortion or mutilation of the work or any other action in relation to the said work which would be prejudicial to his honour or reputation. These rights can be exercised even after the assignment of the copyright. They can be enforced by an action for breach of contract or confidence, a suit for defamation, or passing off, as the case may be. In the case, Mannu Bhandari v. Kala Vikas Pictures Ltd. the plaintiff, a Hindu writer, had assigned rights over her novel "Aap ka Bunty" to the defendants for producing a movie. The defendants produced a movie called "Samay ki Dhara" based on the novel. The plaintiff argued that the movie and the novel were based on different plots, which harmed her reputation as a writer and filed a suit for permanent injunction in the court. The court held that even though the plaintiff had transferred all her rights to the defendant, she still had moral rights over the work. Moral rights are not only in literary works but also apply to films and documentaries. It also held that some modifications while transforming a novel into a movie are permissible but should not harm the reputation of the author. Concerning the contract between the parties, the court stated that the provisions in the contract should not be in contravention of section 57 of the Copyright Act, 1957. Finally, it was agreed by the defendants that the name of the plaintiff and her novel's name should be removed from the film. The plaintiff will not have any rights over the film.

Topics: Copyright Law

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