Unauthorized use of software constitutes copyright infringement, warranting injunctive relief to protect intellectual property rights under the Copyright Act.

ORDER

(Video-Conferencing)

I.A. 1044/2021 (under Order XI Rule 1(4) CPC) in CS(COMM) 34/2021

1.1 Subject to the plaintiffs' filing clear copies of documents which may be dim, on which the plaintiffs seek to place reliance, within a period of four weeks from today, exemption is allowed for the present.

1.2 The application stands disposed of.

I.A. 1043/2021 in CS (COMM) 34/2021

2.1 The plaintiffs are granted permission to file additional documents, if they so choose, within a period of four weeks from today subject to the rights of defendants to admit or deny the said documents.

2.2 The application stands disposed of.

CS(COMM) 34/2021

3.1. Issue summons.

3.2. Written statement, if any, be filed within a period of four weeks accompanied by affidavit of admission/denial of documents filed by plaintiffs. Replication thereto, if any, be filed within a period of two weeks thereof accompanied by affidavit of admission/denial of documents filed by defendants.

3.3. List before the Joint Registrar (Judicial) for admission/denial of documents and marking of exhibits on 23rd March, 2021.

I.A. 1042/2021 (under Order XXXIX Rules 1 & 2 CPC) in CS (COMM) 34/2021

4.1. Issue notice, returnable on 26th April, 2021.

4.2. Response to this application, if any, be filed within a period of four weeks with advance copy to learned counsel for the plaintiffs, who may file rejoinder thereto, if any, within two weeks thereof.

4.3. The plaintiffs essentially seek injunction against the defendants directly or indirectly using, copying or otherwise dealing with pirated/unlicensed copies of the "SOLIDWORKS" software programme, in which the plaintiffs claim copyright, or its versions or any other software programmes developed by the plaintiffs which may infringe the copyright of Plaintiff No. 1. Plaintiff no. 2 is a sister concern of M/s Dassault Systemes France and claims to have been established by the aforesaid French company to manage all its affairs with respect to the "SOLIDWORKS" software in India. Plaintiff No. 1 is stated to be carrying on business in India through Plaintiff No. 2.

4.4. The "SOLIDWORKS" software is a computer aided design (CAD) software, aimed at modelling and simulating three dimensional (3D) solid products and is stated to cater to the aerospace, defence, automotive, transportation, consumer products and educational industries amongst others.

5. The "SOLIDWORKS" software programme is in the nature of a compact CAD and computer aided engineering (CAE) software which facilitates development of products in a 3D environment.

6. The software programme of the plaintiff, as well as the instruction manuals relating thereto are, in the submission of plaintiffs, "literary work" entitled to copyright protection. It is stated that these software programmes were developed by the employees of the plaintiffs for use by the plaintiffs and that, by application of the "work for hire" doctrine, the copyright therein belongs to the plaintiffs, as the employer of the employees who had developed the software.

7. Plaintiff No. 1 is, therefore, according to the plaint, the copyright owner in the software programmes which are "works", within the meaning of the COPYRIGHT ACT , 1957.

8. The software programme in issue was, it is submitted, first published in the United States of America. The plaint further avers that India and the United States are members of the Berne Convention, Universal Copyright Convention and the World Trade Organisation Agreement (WTO), which provide for protection of copyright, in India, for works which were first published in United States, as thoug