Supreme Court upholds recovery of $55,000 from Russia firm for violating Microsoft rights
The Supreme Court has upheld rulings of lower courts saying the amount of the payment was defined by a mutual agreement signed by the litigants with no objections and was not disputed by the defendant.
In December 2015, Strela and Microsoft signed agreement including provision on random checks in companies that are customers of Strela to preserve the exclusive rights of the American corporation to software products.
During the inspections it was found that Strela violated the terms of delivery of personal computers and software under contracts between the defendant and its customers. The OEM versions of the Windows operating system were not licensed and were accompanied by fake certificates of authenticity, the court noted.
According to the subsequent agreement, the defendant was to acquire 2,500 licenses and install those on consumers’ computers and to pay $50,000 in compensation to the plaintiff. Yet, these obligations were not met.
On March 16, 2018, the Moscow Commercial Court ruled in favor of Microsoft. The court dismissed Strela’s argument that Microsoft had no power to inspect the companies or to force certain agreements because earlier Strela did not contest these actions by Microsoft. Later in the year this decision was upheld by the Court of Appeals and Russia’s Intellectual Property Court. ■