The Supreme Court of Belarus, Polish Television has committed to discontinue use of the mark Belsat TV. The independent TV Belsat gives the Polish in the Belarusian language. The representative of the channel announced the continuation of operations.
– This sentence does not mean anything at all does not concern us, because we are not subject to the law of Belarus. Belarus Belsat is not registered, we give the Polish. Even accreditations can not take from us, because they never got. The whole thing amazes me so I do not see the sense, especially given the recent warming in the Polish-Belarusian – said station director Agnieszka Romaszewska-Guzy, referring to the recent visit of the head of the Belarusian Ministry of Foreign Affairs in Poland. As announced, television will continue to operate.
The process in this case sued last year TVP Belarusian entrepreneur Andrej Bielakou, CEO of BIEŁSATplus, engaged in the sale and installation of satellite dishes. He accused the Polish Television unlawful use of a trademark Belsat TV.
– Bielakou won. The court held his right – said the representative of Belsat in Belarus Michael Janczuk. – In spite of the whole process, and even assessing the evidence in this process, the court found that breaking the law Belarusian using a trade mark similar to the character of Mr. Bielakoua. Ignored by the fact that the character of Mr. Bielakoua is protected only within the territory of the Republic of Belarus, and we do not operate on its territory – he added.
Polish Television Court obliged to discontinue use of the mark Belsat TV during transmission and on the website internet channel, as well as to pay Bielakouowi approx. 10 million Belarusian rubles (3 thousand. zł) court fees.
– It seems that the enforcement mechanisms of the decision (the court) at the moment is gone, because the territory of the Polish and EU this mark is registered and can be used in our business office without restrictions – stressed Janczuk.
He said that Belsat TV will still work. He noted that Belsat does not broadcast its program in Belarus and is not engaged in any business activity in the zone of the Belarusian jurisdiction: the channel is registered outside of Belarus and there is in this country no one accredited correspondent.
– Our business in any does not break the Belarusian law. Journalists who work with TVP, do not break the Belarusian law because the law for the collection and dissemination of information guarantees the Constitution of the Republic of Belarus – he stressed.
Thursday’s judgment has been entered after the second trial in this case. In January, for college. Intellectual property Belarusian Supreme Court have held that a trade mark Belsat TV is not used on the territory of Belarus, because this television broadcasts from abroad, and on the territory of Belarus does not operate as a legal entity and is not represented.
However, in June the Supreme Court overturned the first ruling and referred the matter for reconsideration, arguing that it had not properly analyzed the evidence.
Janczuk said, according to the Belarusian legislation there is a possibility of appeal against the court’s decision Thursday under supervision. – But I have not decided whether to appeal – he said.
Janczuk drew attention to the circumstances of the decision of the court. – I just finished a visit to the Foreign Minister of Belarus Vladimir Makey in Warsaw. According to the press was a fruitful visit which results in warming of Polish-Belarusian. And suddenly it is torpedoed the judicial decision – rated.
Established in 2007 Belsat is an independent Belarusian station, which broadcasts from the Polish programs for viewers in Belarus. Its activities are financed mainly by Polish Television and Polish Foreign Ministry. The Belarusian authorities since the beginning of Belsat refuse the accreditation and do not accept the registration of the channel’s office in Minsk.
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