Court restrains Chakr Innovation from using pirated "SolidWorks" software on 12 identified computer systems and prohibits erasure of related data pending further hearing.
In a significant decision on October 5, 2026, the Delhi High Court, presided over by Mr. Vikas Mahajan, J., granted an ex parte ad interim injunction in favor of Dassault Systemes Solidworks Corporation and its Indian subsidiary against Chakr Innovation Private Limited. The order restrains Chakr Innovation from accessing, installing, reproducing, or distributing unauthorized, pirated, or unlicensed versions of the plaintiffs' "SolidWorks" software programs.
The plaintiffs, including Dassault Systemes Solidworks Corp, a US-based company and the owner of copyrights in the "SolidWorks" suite of 3-D CAD/CAM software, alleged that the defendant was using pirated versions of their software on multiple computer systems for commercial purposes. Despite holding 26 limited active licenses, Chakr Innovation was found to have used unauthorized versions beyond their license scope.
The case hinged on evidence gathered through the plaintiffs' proprietary "Phone Home" technology, which tracks software usage remotely. This technology detected 160 infringement hits between November 2023 and July 2026 from at least twelve computer systems traceable to Chakr Innovation. The infringement hits were supported by details such as MAC addresses and the defendant's own email domain "chakr.in," establishing a prima facie case of copyright infringement.
The Court examined the plaintiffs' ownership of the copyright under the Indian Copyright Act, 1957, recognizing the software as protected under Section 40 of the Act (protection of foreign works) due to India's membership in international copyright treaties like the Berne Convention and WTO Agreement. The Court further noted that the plaintiffs' licensing terms permit only limited, non-transferable rights to use the software, and any unauthorized use amounts to copyright infringement under Sections 14, 51(a)(i), 63B, and 65A of the Copyright Act.
The Court granted the injunction considering the balance of convenience and the likelihood of irreparable harm to the plaintiffs if the defendant continued to use pirated software. Besides restraining unauthorized use, the Court also prohibited Chakr Innovation and its associates from formatting or erasing any data or log files related to the copyrighted software on the identified computer systems to preserve evidence.
This decision aligns with several earlier rulings where the Court has granted similar injunctions against end-users of pirated "SolidWorks" software, reinforcing the judiciary's firm stance on protecting intellectual property rights in the software domain.
The Court directed issuance of notice to the defendant and allowed them four weeks to file a reply. The matter is listed for further hearing on January 21, 2027.
This judgment underscores the growing vigilance of Indian courts in curbing software piracy and protecting foreign copyright owners under Indian law, leveraging technological tools like Phone Home to detect unauthorized usage.
Bottom Line:
Copyright infringement in software - Where plaintiffs established prima facie ownership of copyright in "SolidWorks" software and placed material showing repeated infringement hits generated through "Phone Home" technology from systems traceable to defendant's organisation, Court held prima facie case, balance of convenience and irreparable injury in plaintiffs' favour and granted ex parte ad interim injunction restraining use of pirated/unlicensed/unauthorized software and restraining formatting/erasure of data from identified systems.
Statutory provision(s):
Copyright Act, 1957 Sections 14, 40, 51(a)(i), 63B, 65A; Code of Civil Procedure, 1908 Order XXXIX Rules 1 and 2; International Copyright Order, 1999
