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Supreme Court of India 2018-07-30 partly_allowed

Diyora and Bhanderi Corporation through its partner and Ors vs Sarine Technologies Ltd

Bench: 2 — Uday Umesh Lalit

In Brief

A dispute arose over the copyright infringement of AdvisorTM software, which the plaintiff claimed to own in registered version 6.0. The plaintiff sought an interim injunction against the defendants. Trial and High Court orders eventually appointed Mr. Robert Zeidman as an expert to compare the software codes. The defendants challenged both the appointment of Zeidman and the scope of comparison (which was expanded to include all versions, not just 6.0). The Supreme Court upheld Zeidman's appointment as the defendants had accepted it and adequate security measures existed, but restricted the comparison scope to the registered version 6.0 only, since the interim relief was granted on that basis. The Court directed cost-sharing accordingly."

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Intellectual Property Copyright Software Civil Procedure Expert Appointment Interim Relief

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