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2013 (2) TMI 87 - DELHI HIGH COURTInjunction restraining infringement of copyright, delivery of profits, rendition of accounts, damages etc. - infringing activities regarding intellectual property rights by carrying on the business of unauthorized Hard Disk Loading of the plaintiffs’ software on to the branded computers sold by them to the customers, immediately initiated an investigation - Held that:- Software programmes as developed and marketed by the plaintiffs are a ‘computer programme’ within the meaning of Section 2 (ffc) of the Copyright Act, 1957 and also included in the definition of a literary work as per Section 2(o) of the Copyright Act, 1957. The plaintiffs’ work are also protected in India under Section 40 of the Copyright Act, 1957 read with the International Copyright Order, 1999 as the rights of authors of member countries of the Berne and Universal Copyright Conventions are protected under Indian copyright law. India and the USA are signatories to both the Universal Copyright Convention as well as the Berne Convention. Consequently, this Court is of the view that plaintiffs are entitled to a decree of permanent injunction. Plaintiffs are entitled to relief of damages and rendition of accounts to the tune of Rs. 2,00,000/-
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