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From: N


To: N


 


 


PRETRIAL NORICE


 


N is an official representative of the applicant (N) on the basis of the letter of credit No. ____________ of August 6, 2015, as well as the contract for the provision of legal services of July 18, 2015, including legal support of the applicant in the defense of the violation of his exclusive artistic copyright (graphic composition representing a group of 3 L-shaped elements with lines curved in an arc, forming an equilateral triangle with curved edges, wherein a face of a longer side of each of the 3 L-shaped elements, wherein the short portion of each of the 3-L -shaped elements is parallel to the long side of the neighboring cell, thereby gaps between all the L-shaped elements form the visual image of a 3-beam triangle, which is the is standing with one angle downwards and two upwards), the copyright of which he possesses.


In order to protect the exclusive rights of the copyright holder herewith we notify you as follows.


In accordance with p. 1 Art. 2 of the Berne Convention "On Protection of Literary and Artistic Works" on September 9, 1886 (henceforth, "the Convention"): "The term "literary and artistic works" shall include every work in the field of literature, science and art, in whatever way and in whatever form they may be expressed, such as: books, pamphlets and other writings; drawings, paintings, etc. ".


According to the provisions of p. 1 Art. 9 and p. 1 Art. 15 of the saiConvention "Authors of literary and artistic works protected by this Convention shall enjoy the exclusive right of authorizing the reproduction of these works in any manner or in any form" and "For the author protected by this Convention of Literary and Artistic Works to be considered in the absence of the evidence of the contrary as such, and in accordance with this permitted in the European Union to proceed against counterfeiters, it is sufficient if the author's name is indicated on the work in the usual manner ", respectively.


Also, in accordance with Art. 6 of the WIPO Copyright Treaty (adopted by the Diplomatic Conference on December 20, 1996): "Authors of literary and artistic works shall enjoy the exclusive right of authorizing the making available to the public of the original and copies of their works through sale or other transfer of ownership."


According to our information, the image of which N is the author, was used by company N in 2009 - 2013 as the logo of a whole division in the segment of alloy wheel rims of N for the supply to Europe, USA and CIS countries, divided into two lines - N and N.


N manufactured and produces alloy wheel rims N in modern factories in Suzhou (China), Taoyuan (Taiwan).


The controversial image was created by N in January 2008, and on August 23, 2008, the applicant published a controversial figure in the image of two Internet servers, as evidenced by the date of publications, which were notarized. Consequently, the digital publishing by the author N of the images occurred much earlier than the use of the image created N by company N. Thus, the author believes the use of the image created by him on the side of the company N is unlawful.


The Canadian company is the owner of the web server image gallery "Crestock" officially confirmed in writing the date of the publication of the Image in question on August 23, 2008.


The American representative of the company-owner of the Internet-server of the image gallery "Shutterstock" officially confirmed in writing the date of publication of the Image in question on August 23, 2008.


In the circumstances of a particular situation, author did not give his permission to neither company N, or its representatives, nor the individuals of the company N on the use of his exclusive right to the object of art in question.


Moreover, we consider possible to present some evidence obtained through examination - photos from auto-exhibitions of "Interauto" of the period from 2010 to 2013 (Annex 1), screenshots of stands developed in the design studio Doka in 2009 (Appendix 2), a promotional video of the company officially presented for public viewing following the results of the "InterAuto" 2011 (09 second, 20 second, 27-29 second, 39-47 second, 55 second, 01 minute 21 seconds - 01 minutes 25 seconds, 01 minute and 40 seconds - 01 minute 47 seconds, 01 minute 58 seconds, 02 minute 12 seconds, 02 minute and 54 seconds, 02 minute 59 seconds - 03 minute 02 seconds, 03 minute 01 second - 03 minute 13 seconds - a brief interview with Andrei Kosarev, General Director of "MOSSHINA" about N as a producer of N, 03 minutes 31 seconds) - (Appendix 3).


From the foregoing follows a clear violation by company N of the exclusive right of the Applicant.


Articles 1255 and 1270 of the Civil Code of the Russian Federation (hereinafter the Civil Code) establish that on the territory of the Russian Federation an exclusive right of authors to use and dispose of works of art is effective. Namely, the owner may dispose of the exclusive right on his work, and on his own discretion to permit or prohibit other persons to use the results of an intellectual activity or means of individualization. However, the absence of a prohibition is not considered a consent to the use the works of art of the author without his consent (permission).


Also, no one has a right without a consent of the author to introduce changes, abridgements and additions, supplement the work of art in its use with other illustrations, foreword, afterword, commentaries or by whatever explanations (Article 1266 of the Civil Code).


According to Article 1515 of the Civil Code goods, labels, packaging of goods, on which illegal trademarks or any other images were placed or used without permission of the author, are counterfeit.


Therefore, and by virtue of para. 3 of the guidelines of the World Declaration on Intellectual Property dated 26 June 2000 and the lack of permission to use the said work of art the Russian legislation provides for the following responsibilities:


"In accordance with Art. 1301 of the Civil Code of the Russian Federation in the form of compensation equivalent to double value of the goods on which illegally placed trademark or any other image was used without permission of the author, or to double value of the right for the trademark use, or any other image used without the authorization of the Author determined based on the price which under comparable circumstances is usually charged for the lawful use of a trademark. "


In order to prevent violations of international and federal legislation governing the protection of intellectual property rights and liability for violation of the exclusive rights, we offer you a peaceful settlement of the offense by payment of monetary compensation to the person whose exclusive rights to the work of art had been violated in the amount of _______________________________ by transferring these funds to a bank account N.


Your refusal shall place us in a forced necessity to take appropriate measures to protect the violated rights of our clients, such as recourse to The Intellectual Property Office of Singapore (IPOS) and other means of protecting the violated rights of the copyright holder.


 


Yours faithfully, _________________.


 


 

- 0 +    дата: 17 ноября 2015

   Загружено переводчиком: Белоусов Дмитрий Сергеевич Биржа переводов 01
   Язык оригинала: русский    Источник: https://drive.google.com/file/d/0B7tWsSL80wV7VUtUX1JSM1k3Tk0/view?usp=sharing