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News of Intellectual Property02.09.2005 - Court Finds Siemens Violator of Russian Citizen’s Copyright on Smileys Regional court in St. Petersburg has found the use of smileys in the Siemens cell phones illegal because smileys were invented and patented by a local resident. 45-year-old Viktor Petrov, retired navy officer, citizen of the town of Gatchina not far from St. Petersburg sued Siemens’ Russian branch in 2002 over usage of his invention, Argumenty i Fakty newspaper wrote. Before suing, he wrote a letter to the Siemens office proposing cooperation but received no answer. His claim was answered on August 2, 2005. Petrov applied on a patent for a “way of a directed regulation of human psycho-emotional state” in April 1999. In 18 months, he received a Russian patent. The plaintiff quoted by the paper explained his idea. “A person who sends a funny face or a joyful melody from his cell phone therefore informs the addressee on his mood or state of health. And the latter corrects his behavior correspondingly. Smileys can be different but the way of a directed regulation is always the same.” Petrov said Siemens’ smileys were mostly similar to his. He added he had registered three types of smileys in his patent: a positive one, a negative one, a neutral one (without emotions). The plaintiff quoted by the paper said Siemens officials had attempted to delay the process, ignored the hearing, their lawyers said that the smileys in the cell phones had no medical meaning, but they were unable to dispute with Petrov’s patent. The court obliged Siemens to stop using Petrov’s invention at the Russian territory. However, the company registered an appeal to the St. Petersburg City Court. Petrov insists to instigate criminal proceedings against Siemens on the article of copyright and patent right violation. He had earlier written such a petition but part of documents were lost. Petrov also does not rule out a possibility to demand compensation of moral damage that can cost millions of dollars, the paper wrote. Petrov said he had no relationship with computers but smileys in the cell phones had appeared “after someone had stolen my invention.” Petrov has no cell phone, himself. He explained this fact saying a friend of his emigrated Germany in 1999, and Petrov asked him to address a research institute or the press to use smileys “on legal ground.” “Personally, I sent letters to different countries, to institutes connected with research on psychoenergy. Perhaps, someone decided to use (smileys) on the sly.” Petrov said he invented smileys after a divorce with his wife. “There was a situation when words were not apprehended or misapprehended. Or when I was simply not heard. But there was a need to communicate. That is how such a language of feelings was born.” MosNews |
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