Ivan Malikov looking forward to motivation part of resolution in Tuzov’s case
Penza, 9 August 2016. PenzaNews. The president of LLC VolgaInterMedia Ivan Malikov declared that he is looking forward to the motivation part of the resolution of the Eleventh Arbitration Court of appeal in Tuzov’s case, according to which the former decision made by the Arbitration Court of the Penza region on collecting 265 thousand rubles from the individual entrepreneur for illegal use of photos of PenzaNews agency is left unchanged.
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“I am looking forward to the motivation part of the resolution. Things happening at the court session yesterday under the chairmanship of the deputy chairman of the Samara court Vladimir Karpov where I was present, were very much surprising for me, to put it mildly. It seems that the court of appeal simply did not want to cut the knot, having actually let know that it is better to look for the truth in Moscow — in Intellectual Property Rights Court. Generally speaking, it is extremely sad for our judicial system,” the head of the media company commented upon his return to Penza from Samara.
According to Ivan Malikov, he had an impression that “the court was quite perfunctory in Tuzov’s case, refusing to get in every detail of it.”
“It surprised me, for instance, that Vladimir Karpov — seemingly a skilled person, the vice-chairman of the Samara court — was interested why it was impossible to examine all pages of Tuzov’s website in one protocol of the notary. The answer was that each page of the website has the unique URL address. Violations are revealed only on 47 pages where photos of PenzaNews were illegally used. Those pages were notarized. I can hardly imagine how, and most importantly, why one would certify a whole website consisting of thousands of pages,” he explained.
Besides, Ivan Malikov reported that Vladimir Karpov's question of whether the claimant is to participate in debate of the parties, confused him a little, since neither the defendant, nor his representative were absent.
Malikov said, the whole court session was emotionally charged.
“The impression was that the resolution was ready even before the session, and our arrival to the Samara court was undesirable. Me and my lawyer were constantly interrupted by the judge Karpov, and the questions he asked, in my opinion, were out of the mail point. At the same time two other judges sat in silence. There was a feeling it was a way to bring us down, to break logic of stating our position, “to shower” with questions,” Ivan Malikov explained.
He added it would also be interesting know whether the motivation part of the resolution contains information sited by the lawyer concerning a similar case already considered by superior court earlier.
“The first question is whether they add it in the resolution or not for we asked to enter it in the minutes. The second question is how they interpret it. If there is a contradiction, then legitimacy of the resolution can be called into question. Anyway we have a right for an appeal to the cassation court. I shall make the decision concerning this within two months. We do not hurry,” the president of LLC VolgaInterMedia emphasized.
As PenzaNews reported earlier, both parties appealed the decision of the Arbitration Court, according to which individual entrepreneur Alexander Tuzov was ordered to pay 265,000 rubles to PenzaNews founder as compensation for 53 facts of illegal use of copyrighted photos.
The claimant disagreed only with the decision of judge Svetlana Novikova applying p.3 Art. 1252 of the Civil Code of the Russian Federation, therefore lowering the compensation amount twice.
In turn Alexander Tuzov asked to cancel the decision of the Arbitration Court of the Penza region all together as “unreasonable and illegal.”
As a result, on August 8 the court of appeal of Samara left both complaints without satisfaction.
Tuzov’s case decision entered into force from the date of its acceptance and can be appealed in two-month time in Intellectual Property Rights Court.