SAP AKTIENGESELLSCHAFT Vs. MICROBASE TECHNOLOGIES

JUDGEMENT

(1.) THE plaintiffs have filed a suit for permanent injunction restraining infringement of copyright, damages, delivery up, rendition of accounts of profits etc. against the defendant.

(2.) THE plaintiff No. 1 is a company organized and established in under the laws of Germany. The plaintiff No. 2 is an Indian subsidiary of plaintiff No. 1, who owns more than 51% shares and is responsible for the sales of SAP solutions, implementation, post -implementation support, training and certification of its customers and partners in India.

(3.) THE plaintiff No. 1 is stated to be the sole owner of copyright in the software programs developed and marketed by it, as mentioned hereinabove including SAP R/3 Release 4.6B. These software programs are "computer programmes " within the meaning of Section 2(ffc) of the Indian Copyright Act, 1957 (hereinafter referred to as the "Act ") and are included in the definition of a 'literary work' as per Section 2(o) of the Act. The plaintiff No. 1's computer programs are "works " that have been first published in Germany and have also been registered in Germany, apart from Copyright Registrations having been obtained from the United States Copyright Office. Under the Indian Copyright Law, the copyright in a work created by an employee belongs to the employer under the 'work made for hire' doctrine. Both the computer program and the supplementary user instructions and manuals are 'original literary works' as contemplated under Section 2(o) and Section 13(1)(a) of the Act.