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2013 (2) TMI 197 - HC - Companies LawPermanent injunction restraining infringement of copyrights, delivery of profits, rendition of accounts, damages and delivery of all plaintiffs’ unlicenced pirated software - all the impugned products being unlicensed/pirated software contained in hard disks, compact disks, floppy disks including any CD Writers/Burners, or any other material infringing or aiding in the infringement of the Copyright of the Plaintiffs, such as infringing copies of user Instruction Manuals of software titles, lying in the possession of the Defendants and their principal officers, directors, agents, franchisees, servants - 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. 5,00,000/-
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