Legal services on copyright in Belarus
If someone illegally uses the result of your intellectual work (a photograph, a book, an article, an image in the Internet, a program code), our copyright lawyers will consult on the ways of bringing the infringer to justice and will help you to apply to the court for compensation and moral damage in Belarus
1. Prosecution (protection) for illegal use of a trademark (logo) by competitors. The logo can only be protected against misuse by another company if it is registered with National Center of Intellectual Property. Otherwise, the logo will not be legally protected and it will not be possible to present anything to “infringers”. Responsibility for illegal application of someone else’s logo (brand) is from 10 to 50,000 base values.
2. Recovery of compensation and damages for illegal use of pictures, photographs, books, articles, graphics, computer program. Unlike a trademark, legal protection for specified intellectual property objects arises by virtue of their creation, and there is no need to register them anywhere. Accordingly, from the moment of development, no one may use them for personal purposes without your permission. The right holder has the right to claim compensation for the distribution of his/her intellectual property object in the amount from 10 to 50,000 base values through the court.
3. Assistance in proving copyright infringement on the Internet and reimbursement of money for illegal publication on the Web. At a time when the Internet became more developed, most of the violations took place right there. Easy access to information and its abundance on the network does not mean that it can be used without the consent of the author or without the redemption of copyrights. The lack of understanding of the value of someone else’s intellectual work is a fertile ground for stealing other people’s pictures, texts, software codes and music on the Internet. We will help to prove the fact of infringement of your copyright and recover compensation from the infringer for misuse.
Collection of copyright fees under the contract. In the case of assignment of rights under the contract, the author cannot recover moral harm, damages or compensation for illegal use of the object of copyright to the extent that the rights are assigned under the contract. In this case, the infringer of the contract may be held liable for the liability specified directly in the contract and on general grounds for failure to perform the obligations.
Administrative or criminal liability. This step is not mandatory in order to bring the infringer to general civil liability, but it is sometimes useful to write a statement to the internal affairs authorities. In any case, the internal affairs authorities should check and request documents from the alleged infringer, which in any case will remain in the case. As a result, after that, you can apply to the court and refer to the fact of the inspection by the internal affairs authorities as a source of finding the necessary evidence in the case.
Recovery of compensation for illegal use of intellectual property objects in print, on the Internet in Minsk and the Republic of Belarus. For violation of the author’s property rights (illegal distribution of products without the author’s permission, use, import, display, transfer, translation into another language, processing), the amount of compensation in the amount from 10 to 50,000 base values can be recovered from the infringer. This can only be done through the court by applying to the Judicial Collegium on Intellectual Property of the Supreme Court of the Republic of Belarus.
Recovering for moral harm. For the distribution of an object of copyright without specifying the name, as well as for the violation of the non-property right to inviolability, when such actions caused moral suffering to the author, it is possible to recover moral harm, the amount of which is determined by the court.
Will give you advice
The Leshchinsky Smolsky Legal Office is recommended by the international legal directory IFLR1000 as the leading law practice in Belarus in the field of financial transactions
Danila Smolski and Pavel Leshchynski act as legal advisers to the World Bank Group as part of the preparation of a global report on doing business in the world Doing Business
Legal Office "Leshchynski Smolski" provides legal support to the Embassy of Germany in the Republic of Belarus regarding registration of relations with national companies
LSL is listed in the International Directory of IP law firms and individual patent and trademark attorneys from the country of Belarus
Do you have a similar question?