IPOPHL: Up to brand owners to file raps vs Dali grocery chain amid suspected ripoff products | ABS-CBN
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IPOPHL: Up to brand owners to file raps vs Dali grocery chain amid suspected ripoff products
IPOPHL: Up to brand owners to file raps vs Dali grocery chain amid suspected ripoff products
A Dali grocery store. Photo from DALI EveryDay Grocery Facebook page
A Dali grocery store. Photo from DALI EveryDay Grocery Facebook pageMANILA (2nd UPDATE) – The Intellectual Property Office of the Philippines (IPOPHL) has said it was up to brand owners whether or not they would file a complaint against the Dali grocery chain over alleged copyright infringement issues.
MANILA (2nd UPDATE) – The Intellectual Property Office of the Philippines (IPOPHL) has said it was up to brand owners whether or not they would file a complaint against the Dali grocery chain over alleged copyright infringement issues.
Nutri Asia earlier accused Dali of trademark infringement, unfair competition and copyright infringement because some of its products called "Kulina Ketchup" and "Rajah Pura Vinegar," whose packaging are allegedly similar to Nutri Asia's UFC and Datu Puti products.
Nutri Asia earlier accused Dali of trademark infringement, unfair competition and copyright infringement because some of its products called "Kulina Ketchup" and "Rajah Pura Vinegar," whose packaging are allegedly similar to Nutri Asia's UFC and Datu Puti products.
IPOPHL issued an injunction against Dali following the complaint.
IPOPHL issued an injunction against Dali following the complaint.
Group Malayang Konsyumer had also sent a letter to IPOPHL regarding concerns of alleged sale of infringing goods in Dali.
Group Malayang Konsyumer had also sent a letter to IPOPHL regarding concerns of alleged sale of infringing goods in Dali.
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In a text message to ABS-CBN News, IPOPHL said it already responded to the group's letter, saying "the legal rights and enforcement of such rights are up to the IP owners."
In a text message to ABS-CBN News, IPOPHL said it already responded to the group's letter, saying "the legal rights and enforcement of such rights are up to the IP owners."
It added that its "hands are tied because IP right is a private right."
It added that its "hands are tied because IP right is a private right."
"Only the rights holders can jumpstart an action with a complaint," the agency told ABS-CBN News.
"Only the rights holders can jumpstart an action with a complaint," the agency told ABS-CBN News.
"IPOPHL can only decide on the merits of that complaint and the defense of the other party but we don't have motu proprio powers to takedown possibly infringing goods," it said.
"IPOPHL can only decide on the merits of that complaint and the defense of the other party but we don't have motu proprio powers to takedown possibly infringing goods," it said.
But some legal remedies are available to the IP owners and right holders, such as the following, according to IPOPHL:
But some legal remedies are available to the IP owners and right holders, such as the following, according to IPOPHL:
- Filing of a criminal complaint for infringement to the national police or the National Bureau of Investigation for a case build-up.
- Filing of a criminal complaint for infringement to the national police or the National Bureau of Investigation for a case build-up.
- Filing a civil case of infringement with the Regional Trial Court and pray for damages.
- Filing a civil case of infringement with the Regional Trial Court and pray for damages.
"The RTC may issue a temporary restraining order and/or writ of preliminary injunction to enjoin the party complained of," said the IPOPHL.
"The RTC may issue a temporary restraining order and/or writ of preliminary injunction to enjoin the party complained of," said the IPOPHL.
- Filing an administrative case with IPOPHL's Bureau of Legal Affairs (BLA) for infringement and/or unfair competition and pray for damages.
- Filing an administrative case with IPOPHL's Bureau of Legal Affairs (BLA) for infringement and/or unfair competition and pray for damages.
"The BLA may also issue a TRO and preliminary injunction," it said.
"The BLA may also issue a TRO and preliminary injunction," it said.
- Availing of IPOPHL's Mediation Outside Litigation (MOL) services intended to provide an option for parties to settle IP disputes even before filing a case in court or in an administrative agency.
- Availing of IPOPHL's Mediation Outside Litigation (MOL) services intended to provide an option for parties to settle IP disputes even before filing a case in court or in an administrative agency.
IPOPHL said it opened the possibility of a meeting with Malayang Konsyumer to discuss the issue.
IPOPHL said it opened the possibility of a meeting with Malayang Konsyumer to discuss the issue.
"As of September 19, IPOPHL is yet to receive a response," the agency said.
"As of September 19, IPOPHL is yet to receive a response," the agency said.
Anja Grote Westrick, director of Hard Discount Philippines' (Dali) strategic supply chain, told ABS-CBN News in a text message it is already in contact with the IPOPHL regarding the matter.
Anja Grote Westrick, director of Hard Discount Philippines' (Dali) strategic supply chain, told ABS-CBN News in a text message it is already in contact with the IPOPHL regarding the matter.
"Our focus is on supporting everyday Filipino families through our products and the work we do," Westrick said.
"Our focus is on supporting everyday Filipino families through our products and the work we do," Westrick said.
Dali Everyday Grocery has 353 branches including 82 covered by the trade department for carrying basic necessities and prime commodities.
Dali Everyday Grocery has 353 branches including 82 covered by the trade department for carrying basic necessities and prime commodities.
The Department of Trade and Industry earlier said it was actively investigating potential deceptive or unfair practices at Dali stores as part of its commitment to uphold consumer protection.
The Department of Trade and Industry earlier said it was actively investigating potential deceptive or unfair practices at Dali stores as part of its commitment to uphold consumer protection.
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