Counsel for Korea Aerospace Industries, Ltd. ("KAI") in a Russian court case filed by Penza Simulation Design Bureau ("PKBM") regarding infringement of copyright regarding aircraft simulator software
2014.07.11.
In the 1990s, Daewoo Heavy Industries ("DHI") entered into several MOUs with PKBM for cooperation between the companies regarding an aircraft and its simulator. A prototype was developed, but it was never put into mass production. Years later, DHI went through corporate restructuring and its aerospace business was transferred to KAI, a newly established company. The rest of DHI's business was succeeded by Doosan.
KAI, under a new project, eventually developed an airplane which was put into mass production and sold to the Korean Air Force, along with a simulator.
PKBM filed copyright infringement claims against Doosan and Kai, alleging that PKBM is the rightful copyright holder of the simulator software that is part of the airplane simulator currently being sold by KAI.
This case is high profile, not only because of the amount at stake, but also because of the jurisdictional issues and foreign relations issue between Korea and Russia. The relevant issues are a combination of IP, corporate and commercial, and there are also enforcement issues that may arise if the Russian court decides to rule in favour of the Plaintiff after all, at least in part.
So far, Yulchon has been highly successful in partnering with prestigious local firms and defending the case as best as it can, despite the disadvantages of fighting in enemy grounds. The judgements are yet to be made final.
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