An important issue recently arose before Delhi High Court in the case of Upaid Systems Ltd v Satyam Computer Services and Anr. The court was approached by a foreign company requesting the enforcement of a letter of request sent by the Federal Court of Texas, seeking judicial assistance from the National Association of Software and Services Companies (NASSCOM), an industry body for India’s IT industry.
A letter of request, or letter rogatory, is a formal request from a court to a foreign court for judicial assistance.
Upaid, a privately held company registered in the British Virgin Islands, executed a project for developing software for mobile prepaid technology with Satyam Enterprise Solutions, a subsidiary of Satyam Computer Services (now Mahindra Satyam). Soon after, Upaid wished to patent the technology for which the software coding was done by Satyam. For this, they needed the signatures of the 20 Satyam employees who had worked on the project.
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The legislative and regulatory update is compiled by Nishith Desai Associates, a Mumbai-based law firm. The authors can be contacted at nishith@nishithdesai.com. Readers should not act on the basis of this information without seeking professional legal advice.
