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24 December 2019

 

Official address to investors

In connection with the increased requests from potential customers on the implementation of targeted SkyWay string transport projects, as well as representatives of various agencies, organizations and other legal structures of the countries in which SkyWay Group of Companies operates on the implementation of string transport technology, SkyWay Group of Companies is obliged to make the following statement.

Global Transport Investments Inc., Unitsky String Technologies Co., personally the author and General designer of SkyWay technology Anatoly Yunitskiy, as well as other companies of the Group periodically receive requests for clarification of various publications (news, messages, appeals, etc.) focused on the disclosure of information on the implementation stage of certain projects of Yunitskiy’s string transport, including projects in the United Arab Emirates, information on the processes of investing in the implementation of SkyWay technology, etc. These information messages are published on third-party Internet resources that do not belong to SkyWay Group of Companies. At the same time, the persons who post these publications often add their publications with objects of intellectual property rights of SkyWay Group of Companies, such as trademarks, logos, industrial designs, images, sketches, photographs, etc., as well as photos of the author and General designer of SkyWay technology Anatoly Yunitskiy and other top officials of the Group of Companies.

Thus, there is a situation when information is actually posted in open sources by third parties, and reputational, legal and economic losses are incurred by Global Transport Investments Inc., Unitsky String Technologies Co., personally the author and General designer of SkyWay technology Anatoly Yunitskiy.

Please note that only Global Transport Investments Inc., Unitsky String Technologies Co. and the author and General designer of SkyWay technology Anatoly Yunitskiy have the right to publish official information concerning the implementation of SkyWay projects. Moreover, even these persons in some cases do not have the right to publish information relating to the interaction in the implementation of targeted projects with individual partners, in accordance with the terms of confidential agreements concluded with such partners.

In connection with the above facts, we demand to stop publication of unverified or unconfirmed information, as well as information that can harm the business reputation of the SkyWay Group of Companies.

We also inform that the author and General designer of SkyWay technology Anatoly Yunitskiy, as well as organizations belonging to the Group, have 11 registered patents secured by international protection in the European Union, the Eurasian Economic Union, as well as the United States of America, Canada and other national entities. In addition, the above persons possess a set of registered trademarks secured by international protection.

A number of international and supranational legal acts containing provisions on liability in case of illegal use of these objects by third parties are aimed at ensuring international protection of intellectual property rights. Thus, international protection of the rights of authors and copyright holders is ensured, in particular, by:

  • The Berne Convention for the protection of literary and artistic works of 9 September 1886 (articles 2, 9, 11, 12, 14, etc.);
  • The Paris Convention for the protection of industrial property of March 20, 1883 (articles 5, 8, etc.);
  • Protocol relating to the Madrid system on the international registration of marks of 28 June 1989 (articles 2, 4, 5, etc.);
  • Protocol on the protection and enforcement of intellectual property rights (Annex No. 26 to The Treaty on the Eurasian Economic Union of 29 May 2014) (paragraphs 14, 15, etc.);
  • The Geneva act of the Hague agreement on the international registration of industrial designs of 2 July 1999 (3, 4, 101, 12, etc.);
  • Agreement on trade-related aspects of intellectual property rights (TRIPS) of 15 April 1994 (articles 7, 16, 25, 26, etc.);
  • other international and supranational legal acts.

Thus, the use of the above objects of intellectual property rights in any form, including publication of any kind of information messages, as well as those on the implementation of its own economic activities, free of charge and without a permission of the author or the right holder, contradicts to international law, is a gross violation of the rights of the Group of Companies and personally the author and General designer of SkyWay technology Anatoly Yunitskiy. In this case, third parties who violate intellectual property rights bear responsibility, up to the criminal one.

In connection with the facts set forth in this statement, SkyWay Group of Companies requires:

  1. To stop publication of news, other information articles, video materials, drawings, illustrations, images, sketches (including vehicles, track structures, infrastructure facilities, linear cities, etc.), photos of SkyWay string transport facilities, including those located in SkyWay EcoTechnoPark (Maryina Gorka, Republic of Belarus) and facilities under construction abroad, including in the United Arab Emirates, as well as photos of SkyWay official representatives: the author of SkyWay technology and General designer A. Yunitskiy, General Director of SkyWay project organization N. Kosareva, other persons involved in the implementation of SkyWay projects, as well as any use of all the above items, including use for the purpose of someone’s own economic activities.
     
  2. To cease publication of SkyWay trademarks and industrial designs (including unibus, unibike, high-speed vehicle, SkyWay logos and others), as well as any use thereof, including use for the purpose of carrying out someone’s own economic activities.
     
  3. To stop using the brand "SkyWay" and its derivatives, as well as derivatives on behalf of the author of the technology and the General designer of SkyWay A. Yunitskiy as part of their own names, brands, trademarks and service marks, as well as in the names of any projects related to the implementation of their own economic activities.
     
  4. To remove SkyWay intellectual property objects described in clauses 1-3 from all information resources and pages belonging to the persons who posted such objects or persons facilitating such publications, as well as from any articles produced in the course of their own economic activities.

At the same time, we clarify that the following actions will be rightful:

  • quoting information posted on the information resources of the Group of Companies, indicating the source of such information without follow-up comments that can harm the business reputation of the Group of Companies and the author of the technology and the General designer of SkyWay Anatoly Yunitskiy;
     
  • publication of links to the Company's information resources on their information resources without follow-up comments that could harm the business reputation of the Group of Companies and the author of the technology and the General designer of SkyWay Anatoly Yunitskiy;
     
  • publication of videos created by the Group of Companies on their information resources without making any changes to such materials (including retaining the original heading) and with reference to the source.

In case of non-compliance with the requirements specified in this statement, the Group's companies and personally the author and General designer of SkyWay technology Anatoly Yunitskiy will be forced to use all available means for legal protection of violated rights, including judicial and extrajudicial mechanisms, as well as measures of state-legal compulsion, expressed, in particular, in the realization of the right to:

  • bringing persons illegally using SkyWay intellectual property objects to administrative or criminal liability depending on the degree of public danger of the committed offense in accordance with applicable law and within the jurisdiction in which the protection of the violated rights is sought;
     
  • involvement of persons illegally using SkyWay intellectual property to civil liability in the form of compensating inflicted losses, payment of compensation for illegal use of objects of intellectual property, prohibition of using specified objects, publishing refutation of the information not corresponding to reality, compensation for moral damage, payment of compensation for moral harm, inflicted to business reputation of the Group’s companies and personally to the author and General designer of SkyWay technology Anatoly Yunitskiy, as well as to individuals, directly involved in the implementation of SkyWay projects.

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