As someone who loves the Handpan and also the Hang, organizes one of the biggest international Handpan Events (GRIASDI) since nearly 10 years, is involved in Handpan related projects such as this PANIVERSE.ORG blog and also HANDPAN-TIMELINE.ORG and, above all, as someone who has been dealing intensively with the conflict between the HCU and PANArt for years, I would like to publish my personal point of view in what I consider to be a really critical phase of this conflict.
When the representatives of the HCU claim that this conflict is none of my business and that I should not get involved, I clearly disagree! EVERYONE who likes, owns, plays, builds or would like to buy handpans at some point has the right to express their opinion! The following assessment of the current situation (July 31, 2024) is my own personal opinion and assessment. I do not speak for anyone else !
Assessment of the current situation in the legal dispute between the HCU and PANArt:
- Panart has once again made a proposal to the HCU to end the legal dispute. Even though I am now surprized at the patience of PANArt, Sabina Schärer and Felix Rohner still want to allow the lens shape, the circular arrangement of the tone fields (notes) and an opening (GU). Only the domes facing outwards (Apex Ding) are no longer allowed. An offer that has already been made in Bern. The HCU persistently refuses to accept this peace offer.
- If the HCU, or rather their lawyers, still believe that this ruling is about colors or cosmetic trifles (see HCU Newsletter), then they have certainly not grasped the implications of the Bern ruling in my opinion! Any comparative judgment in court will with 99.999% certainty be judged in favor of the property rights of PANArt for all models shown by Ayasa.
- The HCU’s statement that the Bern judgment ‘is not valid throughout the EU anyway’ is ‘correct (juristical, now) – but not right! The entire EU area harmonizes the legal situation of the member states. As soon as PANArt now sues for its property rights in European countries other than Germany and the Netherlands, the Bern decisions will be transferred to the respective EU countries without loss.
- If the parties represented by the HCU now complain about PANArt’s “high” claims for damages, this is really a strange whining. Thomann has/had always around 100 Handpans in stock for immediate sale for a Long time. AYASA has earned hundreds of thousands of euros in recent years and World of Handpan has also earned a lot from the mass market. PANArt’s claims are rather modest imo. In hardly any other comparable lawsuit have the winners made such low claims!
- The judgment for PANArt is legally very strong and clear. If the HCU still does not officially accept PANArt’s “Impex Ding only” offer, PANArt’s claims for damages will increase with each new round of litigation.
- The HCU will now probably become the gravedigger of the Handpan – because at some point PANArt’s patience will run out. And then things could get really ugly for ‘the Handpan’ – something that PANArt never wanted or strived for – and the Handpan Community neither.
What I would like to add for your consideration is:
How often have the HCU lawyers’ assessments and legal predictions been confirmed in recent years ? (hit rate = 0%)
How often have PANArt’s legal assessments been correct in recent years? (hit rate = 100%)
my RECOMMENDATIONs:
Handpan Makers – take the offer – individually, without the HCU (if they really dont go for it) from PANArt. I think that you don’t need the HCU for this! An Impex Ding is not a disadvantage – just a little ‘creativity boost’.
‘All this’ is just a very normal part of being the clear loser in a legal battle. ‘losing’ something you’ve become accustomed to is what happens when you lose a legal dispute. I think, that in short time, the ‘Apex Ding problem’ will be forgotten. We humans are ‘creatures of habit’.
Handpan Players and Enthusiasts – question your buying behavior – especially from a moral, ethical and sustainable point of view. Buy local, support real craftsmen, buy a soulful thing and not a tin can from a profit-oriented mass production! Try playing Impex Dings – its fun !