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1. The present suit has been filed by two independent companies i.e. Adobe Systems Inc, USA, plaintiff No.1 and M/s. Microsoft Corporation, USA, Plaintiff No.2.for permanent injunction restraining the infringement of copyrights, trademarks, passing off, delivery up, rendition of accounts, damages etc. and the same is pending before this Court. Mr. Anand Banerjee is the Constituted Attorney of the plaintiffs by virtue of a Letter of Authority in his favour and a copy of the same is exhibited as Ex. P-1 and Ex. P-2 of the Evidence Affidavit.

2. It is averred in the plaint that the Plaintiff No.1, Adobe Systems Incorporated (hereinafter referred to as „Abode‟) and Plaintiff No.2, Microsoft Corporation (hereinafter referred to as „Microsoft‟) are the companies organized and existing under the laws of the State of Washington, USA having its principal office at 345 San Jose, Park Avenue, CA 95110-2704, USA and One Microsoft Way, Redmond, WA 98052-6399, USA respectively.

3. It is contended that the software programs as developed and marked by the Plaintiffs are „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‟ works are 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.

8. As per the report of the Local Commissioner filed in this court on 3rd January, 2004 it is recorded that from defendant No.2, 18 hard drives have been seized from its premises which contained infringing software of plaintiff No.2 i.e. Microsoft Corporation as identified in the presence of the officer of the defendant company. However, no infringing software of the plaintiff No.1 i.e. Adobe Systems Inc. was found.

9. By order dated 4th March, 2004 the defendants were proceeded ex parte and time was granted to the plaintiffs to lead the evidence by way of affidavit. Thereafter the defendants filed an application being I.A. No.5905/04 under Order 9 Rule 13 to set aside this order which was later on amended by filing of another application being I.A. No.3667/05 converting the application from Order 9 Rule 13 CPC to Order 9 Rule 7 CPC. The said application was allowed and four weeks time for filing the written statement was granted to the defendants vide order dated 17th August, 2005.

(b) That the plaintiffs caught the defendants violating their copyrights by indulging in blatant end user piracy of their software programs in the year 2003. The Hon‟ble Court has granted an ex parte ad interim injunction against the defendants on 2nd December, 2003, restraining them from infringing the copyrights of the plaintiffs by using pirated/unlicensed software of the Plaintiffs and infringing the plaintiffs‟ registered trademarks Adobe, Adobe Illustrator, Microsoft etc.