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Showing contexts for: copyright in computer programs in Dassault Systemes S.E. And Anr vs Automobile Corporation Of Goa Limited ... on 13 October, 2022Matching Fragments
2. The appellants had instituted the suit [being CS(Comm) 30/2020:
Dassault Systemes SE and Anr. v. Automobile Corporation of Goa Ltd.], alleging that respondent no.1 and its directors (respondent nos. 1 to 10) had infringed their copyright in computer software programs including the work titled CATIA V5-6R2013 (hereafter 'CATIA'). The learned Commercial Court accepted the respondents' contention that the Court lacked the territorial jurisdiction to entertain the suit and directed that the plaint be returned to be filed in a competent court.
6. The Plaintiff No.1 and its various subsidiaries including Plaintiff No 2 are collective owners/ proprietor of copyright in the software programs developed and are exclusively licensed by them. These software programs are "computer programme"
within the meaning of Section 2 (ffc) of the Copyright Act 1957 and are included in the definition of a 'literary work' as per Section 2(o) of the Act. It is further submitted that Plaintiff No.1 & 2 are deeply impacted by the infringement of the copyright in their computer programs. Piracy in respect of the Plaintiffs' software programme causes grave injury to their business interests. The copy of Copyright Certificates or major product, such as Catia is annexed as Annexure-IM Copy to the List of Documents.
(a) of the [Indian] Copyright Act 1957.
xxxx xxxx xxxx
9. The Plaintiff No.1&2 being the owner of copyright in the aforesaid 'literary works' (computer programs) within the meaning of Section 17 of the Copyright Act, 1957, is entitled to all the exclusive right flowing from such ownership as set out in Section 14 of the Copyright Act.