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2011 Supreme(Del) 338

V.K.JAIN
Sap Aktiengesellschaft – Appellant
Versus
Sadiq Pasha Proprietor, Neologik India – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: Rahul Beruar and Subhash Bhutoria, Advs.
For Respondents/Defendant: None

JUDGMENT

V.K. Jain, J.

1. This is a suit seeking permanent injunction restraining infringement of copyright of the Plaintiffs, delivery up of infringing material and rendition of accounts of profits, etc. Plaintiff No. 1 is a company incorporated in Germany, whereas Plaintiff No. 2 is its Indian subsidiary, responsible for sales of SAP solutions, implementation, post-implementation support, training and certification of its customers and partners in India. Plaintiff No. 1 claims to be global leader in developing application software products for real time business developing process and also claim to be world's largest inter-enterprise software company and world's third largest overall independent supplier. It employs nearly 30,000 people in 50 countries including India. It is alleged that in early 70s Plaintiff No. 1 developed RF System, an automatic accounting and transaction-processing programme that featured standard software and real-time computing and later came to be referred as R/1. It is alleged that the software title solutions developed by the Plaintiffs, enables organizations to document, plan and deploy the resources available to them, in the most efficient manner, so as

































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