UKRBIOTAL LLC company sued Mr. Kondratenko and enterprise “Canal-Lux” in infringement of intellectual property. Zakarpattya region Economic Court decided to ban private enterprise “Canal-Lux” using any form of plants BIOLIDER, which violated the right of company UKRBIOTAL on the use of intellectual property – technology BIOTAL. The official version of Decision is available at the Unified State Register of court decisions (http://www.reyestr.court.gov.ua/Review/10394931). Private enterprise “Canal-Lux” has filed an appeal against the above decision of Zakarpattya region Economic Court. Resolution of the Lviv Economic Appeal Court on December 9, 2010, decision of Zakarpattya region Economic Court from July 8, 2010 in case No.3/72 remained unchanged, the appeal of the company “Canal-Lux” was not satisfied. See documents…
On 11.01.2011 by the decision of Zakarpattya region Economic Court was issued explanation of decisions from 08.07.2010 in the case No.3/72.
By Ukrainian Prosecution authorities, on the results of consideration of the application UKRBIOTAL LLC relatively illegal use by official persons PE “Canal-Lux” (Uzhgorod) of the invention, protected by a patent of Ukraine № 50 574, as well as submitting them to the Ukrainian state sanitary epidemiological service of false statements about the results of hydrochemical researches of water for the conclusion of the state sanitary and epidemiological expertise for plant BIOLIDER, established that circumstances described in circulation were confirmed. Therefore, a criminal case on the grounds of offenses under Part 2 of Art. 177 of the Criminal Code of Ukraine, as well as Part 2 of Art. 364 and Part 2 of Art. 366 of the Criminal Code of Ukraine. In order to avoid responsibility and to continue manufacturing plants BIOLIDER, Kondratenko and Orban have created a new enterprise LOOKI (Uzhgorod), and transferred there the specifications on plant BIOLIDER, which were banned by all three court instances. Unfortunately, due to loopholes in the law, such a scheme is often used by criminals who violate the rights of intellectual property in Ukraine. As the “author” of technology BIOLIDER has not even graduated vocational school, a musician himself, so copied the technology BIOTAL as a musician. None of the dozens of plants BIOLIDER, identified by our service teams is not working. A significant part of them was purchased for the budget. In early 2009 Rivne regional department of the Antimonopoly Committee of Ukraine initiated case on the fact of unfair competition from the company “Canal-Lux» (http://zik.com.ua/ua/news/2009/02/12/169425). Proven facts of the provision permitting documents BIOTAL under the guise of permitting documents BIOLIDER, signed contracts for the supply of biological wastewater treatment plants BIOTAL, but instead of them were delivered plants BIOLIDER. Administrative Board of Rivne regional territorial office of the Committee decision from 29.10.10 № 65 has made, according to which actions of PE “Canal-Lux” were considered as a violation of the Law of Ukraine “About protection from unfair competition”
Through their activities, Mr. Kondratenko and Mrs. Orban has caused irreparable harm to the Ukrainian environment and now their criminal activity engaged in law enforcement. On the LLC UKRBIOTAL initiative started liquidation procedure for hygienic conclusion of the plant Biolider received on LLC LOOKI.
In 2001, Dr. Alexander Teterja hired as representative of the company UKRBIOTAL in Zakarpattya region, an old friend V.G.Kondratenko, on his request, because he lost his business (cafe and a bakery in Uzhgorod), and left without means of subsistence. Alexander Teterja taught him the basics of wastewater treatment, as Kondratenko, having a humanitarian education, of course, had no idea about the treatment facilities, as well, and the director of PE “Canal Lux” Orban V.S., worked until 2008 as a teacher of drawing in Uzhgorod secondary school. As a token of “gratitude” Kondratenko V.G. not only began to copy the plant BIOTAL, how could allow his humanitarian education, distorting the technology to get away from patents, but at the same time was slinging mud at the author of Technology BIOTAL, as well at LLC UKRBIOTAL, according to the principle – “the brazen lie, the faster will believe it.” Such a person will never create anything of his own, he may just steal the idea, and then slander on whom he stole it. This is a classic. In addition, Kondratenko V.G. was stealing equipment from plants BIOTAL and set it under the brand name BIOLIDER. We have found a number of objects plants BIOTAL, where V.G. Kondratenko, being still representative of our company has not assembled obtained equipment and illegally used it during assembling plants BIOLIDER. Plants BIOLIDER, which used technology patents BIOTAL (See Description of technology “BIOLIDER”), were made by the company “Canal-Lux” in the person of Kondratenko V.G. (up to May 2008 was a representative of the company UKRBIOTAL in Uzhgorod, with whom in connection with gross violations of assembling plants BIOTAL and conditions of the dealer agreement, the contract was terminated). Confirmation of plant copying is Expert Opinion of the Scientific Research Institute of Intellectual Property for the use of the invention under the patent of Ukraine № 50574 in the manufacture of plant BIOLIDER.
Par. 1 art. 177 of the Criminal Code of Ukraine states that: Illegal use of an invention, utility model, … or other willful violation of the rights on these objects, if it has damaged in a large amount, shall be punished with fine from two hundred to thousands of non-taxable minimum, or correctional labor for up to two years or imprisonment for the same period, with the confiscation of the corresponding products, equipment and materials specifically used for its manufacture. According to the Ukrainian legislation, if in the manufacture of equipment are used patents without the permission of their author, the author is entitled to require the elimination of such equipment. Technology BIOLIDER, of course, does not have any patent, because, as mentioned above, is copied from technology BIOTAL, but how did not try “creator” of technology BIOLIDER to bypass them, from several of them could not get away, and moving away from the other patents of technology BIOTAL turned BIOLIDER in the septic tank. Nowadays Mr. Kondratenko V.G. is misleading consumers under the guise by its having a patent for industrial design No. 19619, while according to the legislation (paragraph 2 of Article 5 of the Law of Ukraine “On Protection of Rights on Industrial Designs”), an industrial design – it is only the appearance of product, shape, color and etc.
On one of the objects in Zakarpattya region, village Nyzhnie Solotvyno for the sanatorium wastewater treatment facilities were installed BIOLIDER under the guise BIOTAL with capacity of 100 m3/day with falsified by Kondratenko and Orban licensing documents BIOTAL. There they did not assemble major equipment, and installed several aerators in an underground storage tank and three compressors. Waste water, of course, are not cleared, and emerging pollute the environment. Customer was robbed for several hundred thousand UAH, irreparable damage to nature was caused and the image of technology BIOTAL is undermined. And there are a lot of such examples.
In addition, plants BIOLIDER till September 4, 2009 had no Epidemiological Inspection of the Ministry of Health of Ukraine Conclusion, which is given on the basis of numerous studies of existing plants and confirms their efficiency and effectiveness of wastewater treatment, and there was only a conclusion on the technical specifications (Conclusion № 05.03.02-07/46989 from 28.07.2008), showing only the correctness of this document. PE “Canal-Lux” introduced customers into delusion giving the Hygienic conclusion, as hygienic conclusion on the plant BIOLIDER itself, using the fact that these two conclusions are very similar in appearance.
According to Ukrainian legislation, the use or operation of products, which has no positive Conclusion of sanitary and epidemiological expertise (Order of the Ministry of Health of Ukraine № 247 dated 09.10.2000, as amended by the order № 120 dated 14.03.2006) is prohibited, as it means that all plants BIOLIDER (and them, according to information from the official site of PE “Canal-Lux” are about 100 pieces), which were assembled before September 2009, assembled unlawfully, however many of these plants were purchased for the budget funds.
Hygienic conclusion of the plant BIOLIDER № 05.03.02-04/55218 dated 04.09.2009 was obtained by fraud, as for its obtaining were provided false documents: – out of 3 tests of samples of treated waste water plants, represented as a plant BIOLIDER, all three were made from plants of the technology BIOTAL. And any sample from the plants BIOLIDER; – The act of sanitary-epidemiological survey of plants BIOLIDER manufacturing, composed by Uzhgorod district SES dated 01.09.2009, which indicated that the manufacture meets all the standards of occupational safety, hygiene and sanitation, is not true. It is confirmed by the fact that the same organization has provided a completely opposite information: in a letter (№ 2050/04 dated 03.09.2009, Uzhgorod district SES reported that a survey of industrial site PE “Canal-Lux” has shown that there are no gas engineering network, electricity, water and sewerage. According to the results of this survey sanitary and epidemiological service stopped manufacturing, which actually was not. Where plants BIOLIDER were made in reality – is unknown;
– In the technical specifications TU 29.2-34261997-001:2008 “Plants for the biological wastewater treatment BIOLIDER copied technological scheme BIOTAL from technical specifications TU-90.0-001-30716613 2001 of “Plants BIOTAL for the deep biological wastewater treatment”. Mr. Kondratenko not even obstructed to repaint it!
As a result of testing the legality of the hygienic certificate № 05.03.02-04/55218 dated 09/04/09, for the plant BIOLIDER, Prosecutor’s Office of Zakarpattya region has confirmed fact of providing false documents for registration of the Сonclusion by a company “Canal-Lux” (Zakarpattya region Prosecutor Letter from 28.01.2010 № 07/1/1-727-09) prosecutor’s office sent a claim in the field of sanitary-epidemiological service of Ukraine on deciding the legality of the above Сonclusion, since they issued on the basis of fictitious and false information.
Mr. Kondratenko, after our termination of the dealer contract with him in May 2008, has not handed our company serviced by him plants BIOTAL, in written form asked to leave their service for him before the end of 2008, and in fact, intentionally left they serve to discredit the technology BIOTAL. The owners of these plants came to us with a request to serve the aseembled by PE “Canal-Lux” plants BIOTAL. Most of the plants BIOTAL, which were served by Mr. Kondratenko, were handed to us by the customer. The picture from these plants were depressing, some plants were not serviced by the end of 2007, although Mr. Kondratenko was paid for the service. At many objects we have found serious violations of assembling. At the moment we at our own expense put in order all taken from customers plants BIOTAL, formerly “served” by Mr. Kondratenko. All of taken by us plants are now working properly. Nevertheless, a small part of plants BIOTAL are still at “service” of Mr. Kondratenko, that he stubbornly refuses to transmit. In fact, he does not service these plants, using them to unfair competition, telling customers that they may show poorly performing plants BIOTAL.
According to the regulations plants are served once from 1 to 3 months depending on the capacity and nature of the object. If not to serve the unit in time, the rough dirt grid will be filled and not removed in time from the sludge tank or silt bags excess activated sludge begins to flow back into the plant, increasing the concentration of sludge in the system above required. As a result, interferes with the normal work of plant.
Following of the above-described precedent with PE “Canal-Lux”, the company UKRBIOTAL conducted a complete check of all biological wastewater treatment plants BIOTAL, assembled by all representatives.
Company UKRBIOTAL, currently imposed service that controls the work of representatives of both during assembling and during operation of plants BIOTAL. Regular monitoring of existing plants and the prompt action are submitted to address emerging issues in the work of plants.
At request of customers, our specialists dismantled 100 Biolider plants because they did not work. Instead of them, BIOTAL plants were installed.
Comparison of BIOTAL and BIOLIDER technologies
Plant BIOLIDER, of course, as well as the plant BIOTAL, is a three-stage SBR reactor of alternating-sequential action, moreover, the last reactor SBR periodically returns to settling with subsequent pumping of treated wastewater and excess activated sludge (technology author’s patent BIOTAL № 50574)
Treated wastewater pumping airlift. In BIOTAL it is the siphon airlift (patent No 31610), the main purpose of which is periodically pumping (after cycles of aeration and settling of the third reactor) of treated wastewater, and during the aeration of the third reactor, when the siphon airlift does not work it must ensure that the sludge did not get into this airlift. In technology BIOTAL it is provided by the upper curve of the absorbing tube into which was absorbed with the previous cycle at the end of pumping treated wastewater air with the entrapment of air, which prevents the ingress of silt into this airlift after receipt of the next batch of new waste water during the subsequent aeration of the third reactor. In the plant BIOLIDER, with the aim of avoiding the patent this suction elbow arched and made horizontally at 90 degrees. From the patent in this case are gone, destroying, however, the main idea. As a result, on admission of new wastewater and aerating of the third reactor, a mixture of silt gets into the evacuation of treated wastewater plant BIOLIDER airlift. As a consequence – firstly, this mixture of silt fills the interior of the pumping airlift of treated wastewater and, in consequence at pumping treated wastewater reaches the outflow, and secondly, the airlift eventually rammed settled in it activated sludge (lower part airlift). In the plant BIOLIDER, to escape from the patent (No. 50574), pumping of excess sludge make not from the last reactor, where the activated sludge has already oxidized sorbed organic contaminants on it as it in BIOTAL, and from penultimate reactor. As a result, removes the excess activated sludge with organic contaminants, as it leads firstly to a greater amount of excess activated sludge, and secondly – to the stench in sludge tank. Plant BIOLIDER casing: plant casing, including bottom and partitions is made of Hungarian plastic, without softeners, 4-6 mm thick. This thickness of the casing, bottom and partitions is unacceptable, since the lifting of the water table and poor insulation of ferroconcrete pits (which is usually exactly what happens) will happen strain of the casing and its destruction. BIOTAL: casing, bottom and partitions are made of the best in Europe plastic with softeners of company SIMONA (Germany) that make it resistant to frost as well as to the deterioration. Minimum thickness of plants BIOTALcasing is 8-10 mm, and the bottom and partitions – 10 mm. Our priorities are always quality and reliability.
Returnable activated sludge recycling. BIOLIDER: there is no recycling of returnable activated sludge from the third reactor, in the first what was done to evade a patent (patent 32,033). The result – in the plant BIOLIDER does not proceedes denitrification (nitrogen removal), as a condition of its proceeding is the return of nitrites and nitrates with return activated sludge from the third reactor at the beginning of the plant (first reactor), where with wastewater enters fresh easily oxidized organic (see “Description of technology”). In the plant BIOTAL proceedes the four-contouring returnable activated sludge recycling, providing effective denitrification (see “Description of technology”. Programme of plant work BIOLIDER: Two programs operation of the plant, simplified program of BIOTAL. Forsage mode is absent. Water pump is not controlled by the automatics of the plant. BIOTAL: five programs of work, three programs of economic mode, which allows you to save up to 70% of electricity, normal mode program and the forsage mode program – to cope with inflow of wastewater volley of up to 25% of daily consumption. Feed pump is controlled via automatics of the plant.
Manufacturing quality BIOTAL: modern, certified by international quality system ISO 9001-2001, European production with the latest welding equipment located in five workshops of area about 2500 square meters. Staff taught plastics welding techniques by TOXA GROUR company (Czech Republic).
BIOLIDER: manufactured in the garage of area about 50 m2, as it said, “on the knee”. Staff are not trained of methods of welding plastics (see website of the company Canal-Lux).
To illustrate all written above, one example is enough:
For more information, contact the main office of our company.