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4. Microsoft Corporation v Yogesh Popat and MY TAKE
Dyptronics Pvt Ltd (2005). The Hon’ble Delhi High
Court awarded damages of approximately INR 2 Dr. M. Shiva Shankar
million to Microsoft Corporation. The Court also
passed an order against the Defendants to deliver The Dental Laboratory industry in India has seen Phe-
nomenal growth in the usage of Software especially CAD
all pirated copies of Microsoft’s software, including & CAM softwares in the last few years.
the equipment used to make infringing copies of the With this advent as with all industries economic
software, as well as other infringing materials in the factors play a major role in the choice of the softwares.
Defendants’ possession. Many a times dental laboratory owners try to cut down on cost and resort to
using the so-called Pirated softwares either for the design of the restorations
5. Sarine Technologies Ltd vs Diyora And Bhanderi or for milling of the same using a milling machine. Such softwares may look
Corporation: Sarine Technologies, an Israeli diamond attractive at the beginning but as the days progress the users do not realize
that their machines are not been used to an optimal usage and the warranty
technology company, recently won a legal case in India of the machines becomes void if they are using Pirated software to run the
against five Surat-based diamond businesses. These machines. They have constant problems with the machines as they are not
companies were found guilty of using pirated versions controlled as per the manufacturer’s directive.
of Sarine’s ‘Advisor®’ rough planning software. The court They need to understand that the designs made out of these softwares
ruled decisively that such unauthorized software usage go into the patient’s mouths and this is illegal. They are at risk of data breach,
is illegal. The defendants, were ordered to immediately Malware & spyware in their systems.
remove the pirated software from their computers. To combat piracy in Dental software there should be a multi-pronged
These judicial decisions, along with many others, strategy where the companies should educate the audience about the ill
effects of the piracy and the legal consequences. The software companies
collectively reflect the judiciary’s commitment to should come out with some good offers so the stakeholders should not be
combatting software piracy. It is evident that the Indian lured by the low cost of pirated software’s. Dealers and distributors involved
legal system takes a firm stance against all forms of with business of these machines in the name of discounts should not push
piracy, recognizing the far-reaching consequences it the consumers towards these pirated channels.
can have on innovation and user safety. All in All, there is a strong need for education in the dental industry with re-
gards to Piracy and those stakeholders found guilty of software piracy in any
CONCLUSION form have to be given the sternest of warnings so that the community at large
In the realm of the medical device software industry in will become aware of this menace and desist from using pirated software’s.
India, the battle against piracy is a pressing challenge. Dr. M. Shiva Shankar is a prosthodontist by training. and is now an Adjunct
As we have explored, the implementation of robust Professor of Digital Dentistry at Bapuji Dental College and Hospital. He is
copyright laws, along with the establishment of stringent presently the COO and CTO of Dantech Digital Dental Solutions Pvt. Ltd.,
judicial precedents, stands as a formidable defense Chennai, a laboratory and design center for all kinds of digital workflows.
against the unlawful duplication and distribution of
vital software.
The Indian Copyright Act, highlights the gravity
of infringing intellectual property rights, offering a ABOUT THE AUTHORS
comprehensive legal framework to protect the creators Ms. Raj Latha Kotni leads Lexport’s Intellectual
and innovators who invest time, resources, and Property division, with extensive experience in IPR
expertise in developing medical device software. Laws. She specializes in patent matters, offering
However, the battle against medical device software expertise invalidity, infringement, patentability, and
piracy is far from won. Continued vigilance, awareness, technology transfer agreements, particularly in the
and collaboration among stakeholders, including life sciences, pharmaceuticals, biotechnology, and
biochemistry fields. Ms. Raj Latha is also well-versed
software developers, healthcare institutions, and the in trademark and copyright prosecution, litigation and
judiciary, are essential to curbing this menace. The enforcement, serving both domestic and international
ever-evolving digital landscape demands adaptability clients. Her educational background comprises a Law
and innovative strategies to counter emerging threats. degree from CCS University, a Science degree from Andhra University,
In conclusion, safeguarding the integrity of medical and a Master’s degree in Food Science and Biochemistry from Padmavathi
device software in India requires a multi-faceted University. She is a qualified Patent Agent and holds membership in the
approach. By harnessing the strength of Information Bar Council of Delhi.
Technology and Intellectual Property laws, fortifying
legal precedents, and fostering a culture of respect Ms. Ananya Singh, is currently a junior Associate at
for intellectual property rights, one can ensure that Lexport under the Intellectual Property Rights team.
innovative healthcare technologies continue to She is a law graduate from NMIMS, School of Law, and
flourish, ultimately benefiting patients and advancing has completed her BA.,LLB(Hons) degree in 2023. Her
the nation’s healthcare infrastructure. n passion lies at the intersection of Intellectual Property
Rights and its dynamic intersection with various
For a complete list of references email: industries.
info@dental-practice.biz

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