software and the computer
system on which it is installed i.e. license key, software
version, etc. that the software is being used with ... infringement of the Plaintiffs' copyright subsisting in
its software programs and software related
documentation;
b. An ad interim temporary injunction restraining the
Defendants, their
licensed softwares.
Plaintiff No. 1 provides digital product development software, featuring
applications like NX (formewrly known as Unigraphics) software with various
versions. NX software ... customer through the licensed
software. It also provides the digital product development software featuring
Siemens Product Lifecycle Management Software Inc & Anr. Vs. Lucent Engg
assessee had purchased only a right to use the copyright
i.e. the software and not the entire copyright itself, the
payment cannot be treated ... Copyright Act, 1957 [“ Copyright Act ”],
Shri Datar argued that there was a difference between a copyright in an
original work and a copyrighted article
applicant purchased software from various
third party vendors. Such software was
protected by copy rights. The applicant itself is
not using such software ... owner of
the copyright inherent in the work, such
copyright remaining exclusively with the
owner.
iii)Parting with copyright entails parting
with the right
assessee to the foreign company for the use of
copyright of 'computer software' was not 'royalty' and that the
same ... right in holding that mere transfer of
right to use copyright software did not amount to royalty
particularly when there has been retrospective additions
Plaintiffs' software, and/or
articles/ software, the duplicating equipment used in the
copying of the Plaintiffs' software, including computers,
compact disc writers, stampers, burners ... Universal
Copyright Conventions, World Trade Organization Agreement and
Section 40 of the Copyright Act, 1957 read with the International
Copyright Order 1999, these copyrights were
respect of alleged infringement by
the defendants of the copyright of Advisor Software
of the plaintiff. The defendants in their application
seeking to raise ... 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
respect of alleged infringement by
the defendants of the copyright of Advisor Software
of the plaintiff. The defendants in their application
seeking to raise ... 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
first owner" of the copyright as
defined under the Copyright Act in respect of the aforesaid software.
Signature Not Verified
Signed By:SAPNA SETHI ... highly sought-after nature of the Plaintiff's software programs, software
piracy has always been a concern. In order to keep piracy in check
assessee to the foreign company for the use of
copyright of 'computer software' was not 'royalty' and that the
same ... right in holding that mere transfer of
right to use copyright software did not amount to royalty
particularly when there has been retrospective additions
