Guidelines For Appointment Of Local Commissioner In Software Infringement And Piracy

The onset of the computer era brought in just as many adversities as advantages. While softwares customize computers to perform desired functions, the exclusivity and expertise that some of these packages offer, make them susceptible to infringement and piracy. Autodesk Inc., owners of copyright in world famous software 3DS Max and Autodesk Maya filed a suit against A.V.T. Shankardass and another for infringement and unauthorized use of their software to restrain infringement of copyright, delivery up as well as rendition of account of profits and damages for unlicensed usage of their software. The suit was accompanied with an application for interim injunction and a application for ex parte appointment of Local Commissioner. An appeal lay at the Delhi High Court [Autodesk Inc. and Anr. v. A.V.T. Shankardass and Anr {2008 (37) PTC 581 (Del.)}] against the order of the Single Judge dismissing their prayer for appointment of a Local Commissioner ex parte.