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Ownership and assignment of copyright for computer software in India was addressed by the Delhi High Court in a judgment on Pine Labs Private Limited vs Gemalto Terminals India Private Limited and others (FAO 635 of 2009 and FAO 636 of 2009). Justice A.K. Sikri and Justice Suresh Kait upheld Pine Labs' contention that the assignment of copyright in software developed by it for Gemalto came to an end after 5 years and thereafter, the copyright reverted to Pine Labs. ==Facts== Gemalto had engaged Pine Labs for the development of software for various programs including the one for the IOCL Fleet Card Program. A Master Service Agreement ( MSA) was signed in June 2004. Clause 7 of the MSA provided that Pine Labs " assigns" all copyright to Gemalto. Pursuant to the MSA, Pine Labs authored a software program known as the Version 1.03 for the IOCL Fleet Card Program and a complete version of the same was provided to Gemalto in August 2004. Thereafter, certain other functionalities were added to the program and subsequent versions were also provided from time to time. In 2009, Pine Labs filed a suit in the Delhi high Court claiming that copyright had reverted to it as the assignment had expired by virtue of section 19(5) and 19(6) of the Indian Copyright Act. Section 19(5) and 19(6) provide that: * 19(5) If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment. * 19 (6) If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Assignment of copyright in software under Indian Copyright Act」の詳細全文を読む スポンサード リンク
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