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protection of intellectual property
STATEMENT OF THE MANAGEMENT BOARD
OF FAM - TECHNIKA ODLEWNICZA SP. Z O.O. IN CHEŁMNO
Dear Sir or Madam,
In connection with the decision of the District Court in Toruń on 21 February 2017. Given in a dispute between the FAM - Technika Odlewnicza Sp. o.o. Chelmno and MEDOS Marian Buławka, Ewa Buławka general partnership in Chelmno, the subject of which is a violation of the rights to industrial design and copyright belonging to the FAM, we announce that the Court gave FAM possibility to secure its claims, including:
1) the prohibition of the manufacture, offer and introduction on the market by MEDOS the following products:
a) window handle Venus,
b) window handle Pluton,
c) window handle with a key Pluton,
d) window handle burglary with a key Pluton,
e) window handle Pluton with a button,
f) balcony handle Pluton,
g) balcony door handle with a key Pluton,
h) the balcony for shutters Pluton,
i) door handle Pluton,
j) door handle for shutters Pluton,
k) door handle with push button Pluton;
2) seizure of the products manufactured referred to in above point 1) ;
3) seizure of forms and tooling, for the production of products referred to item above in point 1).
Acting pursuant to the provisions of the General Court, March 6 this year, Court bailiff had made in the company MEDOS seizure of above products, which infringing industrial property rights and copyrights belong to FAM, as well as tools for their production.
Please note that according to the order of the Court Bailiff, Court has the right to take the products listed in above point 1), in all places of storage, which will determine the course of enforcement proceedings.
We emphasize also that further offering or marketing of products occupied by the Court Enforcement Officer in enforcement proceedings or produced using occupied tools may constitute a serious violation of the law, as obstruction or frustrate the enforcement proceedings.
We also inform once again that the FAM - Technika Odlewnicza Sp. o.o. Chelmno remains the only authorized manufacturer of products produced by the industrial design registered in the Patent Office under No. RP-6552 "Part gripping the handle" or the formula "with handle patent," which without problems can be purchased legally in the Sales Department of our company.
The Management Board
FAM - Technika Odlewnicza Sp. z o.o.
Bailiff in MEDOS Letter of the Board of 03.28.2017
Letter of the Board of 12.15.2016
Final decision of the Patent Office dated 05.06.2011 overriding the industrial design application MEDOS No. 13284
Final decision of the Patent Office dated 06.12.2014 overriding the industrial design application MEDOS No. 12796
Final judgment of the Regional Administrative Court in Warsaw of 03.26.2015 sustained the decision of the Patent Office on 06.12.2014
Final judgment of the Supreme Administrative Court dated 05.31.2016 sustained the decision of the Patent Office on 05.06.2011