The Intellectual Property Office of the Philippines is set to test an existing IP Code provision that makes building owners who rent out space to IP violators just as liable as the offenders themselves.
In a briefing yesterday, IPO Director-General Adrian S. Cristobal Jr. said several cases are set to be submitted to the Department of Justice (DOJ) involving building owners who "abet" IP violators.
The cases involve more than P11 million worth of counterfeit items confiscated from various vendors during a series of raids at the Tutuban Center in Divisoria, Shoppesville Arcade in Greenhills, and the University of the Philippines Shopping Center in Quezon City.
Agents of the Anti-fraud and Commercial Crimes Division (AFCCD) of the Criminal Investigation and Detection Group (CIDG) conducted the raids.
AFCCD chief Noel delos Reyes said "we are looking into the inclusion of building owners in the charges we are filing against the retailers."
Reyes and Cristobal said the inclusion of building owners in the IP violations case against the retailers is one of the directives of President Arroyo in her memorandum dated Nov. 17, 2006.
President Arroyo’s memorandum states, among others, that criminal, civil or administrative charges be filed against owners of buildings or malls that lease space to retailers selling pirated and counterfeit goods.
Cristobal pointed out that the inclusion of building and mall owners in IP violations cases is actually contained in a provision in the IP Code.
The cases to be filed against the owners of Tutuban Center, Shoppesville Arcade and the UP Shopping Center would be the first test case.
This cases, Cristobal said, would be "precedent setting."
Cristobal said that in the United States and several other countries, the liability of building owners is already established.