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(ii) software development tools made available in the form of the SDK, comprising the source code and object code used to program and compile applications for BlackBerry smartphones, qualify for protection as „original literary works‟ as contemplated under Section 2(o) and Section 13 of the Copyright Act, 1957 and enjoy copyright protection. Such software is made available to consumers and developers either along with the smartphone or on a standalone basis under the terms of various user licences. Before one can use this software, one has to accept the terms of the respective licence agreements and abide by such terms. The plaintiff owns copyright in the code, specifications, documentation and other materials that comprise the BES software and SDK. Both India and Canada are signatories to the Berne Convention and thus works first published in Canada are entitled to protection in India as well. Such protection is available under Section 40 of the Copyright Act and by virtue of the International Copyright Order passed by the Indian Government, whereunder the works first published in the convention countries mentioned in the Schedule to the Copyright order are protected and all the provisions of the Copyright Act, except in Chapter VIII relating to the rights of broadcasting organizations and of all performers, apply to any work first made or published in such countries in like manner as if the work was first published in India. Therefore, all the software products of the plaintiff are entitled to protection in India as literary works and the plaintiff is entitled to take action for infringement of its copyright in such literary works and obtain relief from the Court as provided under the Copyright Act. The plaintiff owns a global portfolio of Blackberry and BlackBerry formative trade marks including the trade mark BlackBerry. The plaintiff has secured more than 2000 registrations of BlackBerry and BlackBerry formative marks in 160 jurisdiction around the world. Copies of a selection of relevant registration certificates obtained in various countries around the world including the commonwealth countries have been filed along with the Plaint.