DOJ backs drive vs brand counterfeiting

Justice Secretary Hernando Perez has strengthened the government’s drive against rampant product and brand counterfeiting following a recent move by the Department of Justice (DOJ) to pursue several cases against a local businessman for flagrant violation of Republic Act 8293 or the Intellectual Property Code of the Philippines.

DOJ records show that 37 cases of RA 8293 violations were recently filed against Manolo Samson based on complaints by US-based international manufacturer Caterpillar, Inc. The firm alleged that Samson had illegally copied and appropriated the design of the firm’s internationally famous brand and product lines, including shoes, leader goods and other personal items.

Perez has already junked two appeals by Samson asking for the dismissal of Caterpillar’s complaints. Chief State Prosecutor Jovencito Zuno earlier approved the filing of charges against Samson as recommended by the intellectual Property Rights Task Force of the DOJ.

Perez’ and Zuno’s orders followed a series of nationwide raids by agents of the National Bureau of Investigation (NBI) on retail outlets selling the alleged counterfeit Caterpillar products and on warehouses allegedly owned by Samson where the suspected products are hidden. Recent raids were also conducted by the Criminal and Investigation Division Group (CIDG) of the Philippine National Police.

Leading intellectual property rights lawyer Gilbert Reyes of the Poblador, Bautista and Reyes Law Offices said Perez’ campaign against product and brand counterfeiting "send very important signals to the international investor community".

Reyes said the Philippines is among some 15 countries in the priority watchlist of notorious IPR violators. Perez’ drive, Reyes said, "is an encouraging sign that the government is serious in its enforcement of intellectual property laws."

He said the international investors "have become wary about introducing their products in the country or setting up production in the Philippines." This is because of the high risk that their products and brands will be illegally copied and sold in the local market.

"In many instances, the Philippines is bypassed altogether because the local market is already flooded with counterfeits even prior to the actual introduction of these products by the international investors to the local market," Reyes said.

"International investors cannot compete with local counterfeiters who ride on the multimillion dollar investment of these companies in building their brands," he pointed out.

Reyes added that Perez’ campaign "also protects consumers". NBI reports, he said, showed that alleged counterfeit Caterpillar products are being sold at prices "close to if not the same as that of authentic licensed products."