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3. The Trademark Suit instituted by the plaintiff was in respect of alleged infringement by the defendants of the copyright of Advisor Software of the plaintiff. The defendants in their application seeking to raise an additional issue stated that the court below had passed order dated 12th February, 2018 requiring the plaintiff to submit in seal cover the certified copy of the source code and object code of C/SCA/5528/2021 JUDGMENT copyrighted software. The source code is a set of instructions and statements written by the programmer by using the computer programming language. The object code is one which refers to low level code which is understandable by the machine. It was stated that the object code is generated from source code.
4.2 Thus, the Apex Court clarified that the comparison report is not conclusive with respect to the matter in issue. The parties to the suit are having liberty to adduce evidence in support of their respective case.
4.3 After taking into account the events of various orders passed mentioned as above, in particular the orders of the Apex Court, the court below observed that the comparison of Source Code and Object Code to registered Version 6.0 of the software of the plaintiff was a question dealt with at the stage of interim application, whereafter the neutral expert was appointed by the Supreme Court, who gave report and in respect of his report, the Supreme C/SCA/5528/2021 JUDGMENT Court has clarified that it will be open for both the parties to adduce evidence available with them including the additional evidence as may be permitted by law.