The Intellectual Property Office of the Philippines (IPOPHL) yesterday called on other government agencies, such as the Department of Trade and Industry (DTI) to help in ridding the market of products that are confusingly similar with existing ones which could potentially infringe on intellectual property rights of brand owners.
Rowel Barba, IPOPHL director-general, told reporters on the sidelines of the National Committee on Intellectual Property Rights (NCIPR) leaders meeting in Manila yesterday, the agency will involve DTI in its drive to curtail this business practice among enterprises.
Barba also urged local businesses to develop their own products.
Barba was reacting to inquiries involving DALI Everyday Grocer which is facing an infringement case with IPO-PHL. The case stemmed from a complaint of NutriAsia Inc. which alleged DALI was selling products that looked similar to its line of condiments.
In a separate letter, Malayang Konsyumer, urged Barba to look into possible infringement of DALI for selling confusingly similar products of popular brands of snacks, spread, beverages and bleach.
“IP right is a private right. But we need to jumpstart this through a complaint by the brand owners. We have provided the brand owners copies of the letter, and we hope to meet them as soon as possible. We will involve DTI since this is a consumer protection issue. We can work together with DTI on that but we cannot force the brand owners to file complaints,” he said.
But Barba admitted some brand owners do not want to initiate complaints against fake products.
“We request other government agencies to help us prevent confusion especially on products (that look similar). It is a form of misrepresentation. Hopefully, we will be able to come up with a program to rid the market of business practices where original products are sold side by side with copied ones,” Barba said.
Barba also addressed companies involved in selling copied products.
“To all business owners out there, we request you to create your own products, do not copy existing products with the same label and almost the same. Create your own, be original,” he said.
Barba also cautioned the possible effects of the NutriAsia case on the funding support obtained by DALI from the Asian Development Bank (ADB).
“It’s a private transaction. We are not privy to that. It’s between them (ADB and DALI) to determine, if (the case is) violative of their agreement in funding. But am sure there is a provision requiring (a debtor) to comply with the laws,” Barba said.
