9911796707
TMI Blog2013 (2) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... ’ 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/- - CS(OS) 611/2009 & I.A. 4322/2009 - - - Dated:- 24-1-2013 - MR. MANMOHAN J. Plaintiffs Through: Ms. Jaya Negi, Advocate JUDGMENT MANMOHAN, J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he investigator visited the premises of the defendant No.2, DGT Systems Private Limited, on 12th January, 2009 as a potential customer of computer system. During the course of the investigator s conversation with Mr. Deepak (the sales representative of the Defendant No. 2), the latter agreed to install/load operating software such as MICROSOFT WINDOWS XP, MICROSOFT OFFICE etc. totally free of cost, in case the investigator purchased the computer system from DGT Systems Private Limited. On 13th January, 2009 a laptop computer was purchased by the independent investigator. For investigator s satisfaction, the defendant gave a short demonstration of the computer to show that the computer worked properly during which Mr. Shubham Jain noticed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ekumar who filed his evidence by way of affidavit as Ex. PW1/A and proved the notarized copy of Letter of Authority and a Power of Attorney in his favour by the plaintiffs as well as court s certified copies of the original copyright certificate for the software programmes such as Microsoft Windows XP Professional and Microsoft Office Professional Edition 2003. 10. Having heard learned counsel for the plaintiffs and perused the exparte evidence as well as documents placed on record, this Court is of the opinion that plaintiffs have, in fact, proved the facts stated in the plaint and have also exhibited the relevant documents in support of their case. Since the plaintiffs evidence has gone unrebutted, said evidence is accepted as true and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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