Search on premises vital in software piracy cases

Containing piracy is critical as it creates huge losses for owners of intellectual property and adversely affects national economies and global trade. The menace of piracy has been wrestled with to some extent, as a result of progressive judicial announcements and awareness campaigns by the industry and the government.

One type of software piracy is “softlifting”, where a single licensed copy of a software product is purchased and then loaded onto several computers for business use or distribution to others.

To combat piracy, companies often engage private investigators to inspect premises. To bring an action against the infringer, there are provisions for the appointment of a local commissioner for the search and seizure of unauthorized material, along with interim injunctions in the Civil Procedure Code. If sufficient evidence against the infringers is gathered, a cease and desist letter may be sent, or can be used in a legal proceeding against the reported company.

A recent case decided by Delhi

Abhai Pandey is a lawyer with Lex Orbis IP Practice, a law firm specializing in intellectual property issues.