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In July 2018 Inform Systema LLC has filed a lawsuit in the Commercial Court of Moscow against Data Express LLC, demanding a ban for use of AIBS MegaPro library system computer program (official registration No. 2011619614) due to infringement of its exclusive right to Mark-SQL program having the same function. The claimant believed the defendant’s program to be created as a result of re-working of claimant’s program without its consent.

An expert opinion, received within a court appointed examination in June 2019, stated that the defendant’s program was most probably created not in course of Mark-SQL program re-working. No derived styles, comments, programming approaches, unique names were found by the expert. As no other sufficient evidence of infringement was presented by the claimant, the court has stated that a fact of re-working cannot be based on a sole comparison of programs’ functions, dismissing the lawsuit. The Ninth court of appeals has supported this decision.

A cassation plea was filed by the claimant with the Intellectual property court in January 2020. The IP Court, has stated, that case materials do not contain any evidence, supporting the claimant’s position and arguments of the plea filed. As a cassation instance court, the IP Court cannot re-assess evidence and facts found by the lower instances courts. Therefore, the plea was dismissed.

For more details, see https://kad.arbitr.ru/Card/27b3f8fe-2e15-449c-80f7-3e5f30163ae0.