• Software copyright

one of our sales professional who is selling our software on commission basis, after leaving his previous employer helped us to develop a software which has a look and feel of the software like his previous company made, but we have used our on programming team, coding and data base to develop the software which is totally different to that software and we can easily prove it by giving our coding to independent authority to check. Now this company has filed a suit against that sales professional and made our company co accused in this matter that we have copied that software. which is totally false and wrong. kindly advise ..
Asked 2 years ago in Intellectual Property from Delhi, Delhi
What you have mentioned if are correct then you need not worry,fight out strongly and defend yourself by proving that you have not copied.However, for exact position you need to consult a lawyer with all documents.Feel free to call.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
you have to contest case on merits . prove it is a software designed by your team of professionals and quite different from that of Plaintiff
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
have you hired and advocate for proper reply of the plaint
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Dear Copyright,

A copyright is infringed if any three lines of the software are similar to an existing software as per Copyright Amendment Act, 2012. What i fail to understand here is the following: "You say the software that you developed has a similar feel and look of an earlier software and then contradict yourself by mentioning that you have used codes which make your software different". Now, either your software is entirely different or similar. So, in this context, first thing you have to analyze if your software is different or similar in any respect to the earlier software.

Further, I might provide an example here. Lotus spreadsheets are similar in feel and look to that of MS-Office but both co-exist because they have entirely different functionality. If I read your question correctly, then I believe what you are trying to say is somewhat akin to the example I have given here. If that is the case, then you need not worry. You have a strong case on your part.

If in the software you developed, there are three lines of code which is similar to the earlier software even though you have used a different platform of OS and programming code, then you most probably infringe the earlier software.

Since the suit has been filed, you can contact my partners Mr. Sagar Chandra on +91 9811970271 or Ms. Diva on +91 9899881575 for filing a proper reply. 

Please be advised if proper reply or proper representation is not made, then there is also a probability of compensation that may be directed by the court.

I hope the above helps.
Sidhartha Das
IPR Advocate
Sidharth Das
Advocate, Kolkata
21 Answers
1 Consultations
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