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Showing contexts for: reverse engineering in Polymer Papers Ltd. vs Mr. Gurmit Singh And Ors. on 31 May, 2002Matching Fragments
25. The fourth contention raised by defendant No. 1 is that the works of which protection is sought are not the original works of the plaintiffs. The plaintiffs' claim for copyright as per para 11 of the plaint being the exclusive owners of the artistic work in the industrial drawings, shape and get up of the machines and the key components. The defendants have denied that the plaintiffs are the originators of the designs and drawings. Ms. pratibha M.Singh, learned counsel for defendant No. 3 has demonstrated from the catalogues A-3 and A-6 (placed on record by the plaintiffs) that some machines are fully manufactured outside and only a name plate is affixed by the plaintiffs which enables them to inspect the machines to find out if the same is in working order and some machines are only assembled by the plaintiffs by purchasing components and parts thereof from third parties. The defendants in their reply has specified with reference to the catalogues placed on record by the plaintiffs as to which machines are assembled by the plaintiffs and which have been manufactured by others and bought by the plaintiffs. Learned counsel points out that the drawings of which the plaintiffs are claiming copyright are the drawings which are products of Reverse Engineering and are not their original drawings. It is contended that some machines are imported and after dismantling the same, drawings are made of each component and on the basis of those drawings components are got manufactured from third parties and from those components the machines are assembled by the plaintiffs. The submission is that the drawings made by this process cannot be treated as original artistic works of the plaintiffs. In short, the defendants contention is that there is no novelty in the alleged designs and drawings and the machines are either bought by the plaintiffs or assembled by purchasing components. It is further contended that even otherwise to have a copyright in a design or drawing the same has to be registered under the Designs Act. In order to appreciate the contention of learned counsel for the defendants it would be appropriate to refer and reproduce the relevant Provisions of the Designs Act, 2000. Section 2(d) defines "design" as under:-