Kachkin & Partners lawyers have successfully defended the client’s rights to a computer program in a dispute with the IT giant

The client of the Company (Anton Mamichev), outside the scope of his job duties, created a program — a content management system. After the dismissal of our client, his employer — the international IT company Veeam Software — continued using the program, declaring it to be work-for-hire.

Disputes about the unofficial nature of the work are among the most difficult in matters of proof, especially in a situation where the nature of the work is close in profile to the questions of the main working function. As a result of the implementation of the judicial strategy developed by Kachkin & Partners’ lawyers, it was possible not only to prove to the court that the program lacked the status of work-for-hire, but also to obtain recovery of substantial compensation for the violation of the exclusive right admitted by the defendant. According to the results of the dispute consideration our client was recognized as the sole author and copyright holder of the program, and compensation, unprecedented for this category of disputes, was recovered — about 23 million rubles, and a ban was imposed on the further use of the work by the defendants.

Kirill Saskov

Head of Corporate and Dispute Resolution Practice, attorney

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