BI LINE FILES LAWSUIT ON PROTECTION OF ITS INTELLECTUAL PROPERTY TO EUROPEAN COURT OF HUMAN RIGHTS
Noyan Tapan
Dec 10, 2008
YEREVAN, DECEMBER 10, NOYAN TAPAN. Two week ago Bi Line information and
communication technology (ICT) company filed a lawsuit on protection
of the right of property of its firm name and brand to the European
Court of Human Rights, the president of Bi Line Hayk Khanjian stated
at the December 10 press conference.
In his words, they have exhausted the opportunities to protect this
right juridically in Armenia. It was mentioned that Bi Line has
appealed to the RA Cassation Court against the decision of the RA
Economic Court, by which Bi Line has been deprived of the right to
be represented as a third side in the case "ArmenTel company and its
owner, VimpelCom company operating under "Beeline" brand versus the
Intellectual Property Agency of the Republic of Armenia". According
to H. Khanjian, the Cassation Court has ignored Bi Line’s complaints
against the Economic Court, as a result of which the company has
been deprived of its constitutional right to protect property right
juridically in Armenia.
The lawyer of Bi Line Hayk Harutyunian said that the Cassation Court
has unreasonably returned another appeal of Bi Line, which was related
to the decision of the Administrative Court: in the Administrative
Court, Bi Line had disputed the decision of the administrative body –
the RA Intellectual Property Agency on early termination of operation
of "Bi Line" brand. It should be mentioned that the operation of "Bi
Line" brand was stopped based on an application of ArmenTel company
operating under "Beeline" brand on the grounds that unlike ArmenTel,
Bi Line does not operate in the telecommuniaction sector.
H. Harutyunian explained that firm names and brand are property,
and the Administrative Court deprived Bi Line of a property which
contradicts the Constitution.
H. Khanjian reminded that during the negotiations conducted with
Bi Line in the past, ArmenTel had offered the lowest possible
price for nonuse of the brand by Bi Line, and these negotiations
had been initiated by ArmenTel. He said that the company headed by
him will continue its activity in the telecommunication sector. He
also announced that while being informed about the above mentioned
argument, the RA Public Services Regulatory Commission on December
10 made a decision on provision of a 10-year licence for operation
of telecommunication networks to Bi Line.