IPOPHL suggests to brand owners to file raps vs. Dali 'rip off' products

The Intellectual Property Office of the Philippines (IPOPHL) has suggested that brand owners file charges against retailer Dali Everyday Grocery due to alleged “rip off” products.

The IPOPHL told GMA News Online that it had responded to Malayang Konsyumer's letter regarding its concerns about the alleged sale of infringing goods in Dali. 

Malayang Konsyumer is a multi-sectoral consumer policy protection grassroots organization that advocates for the legal, economic, and rights of the average Filipino

The IPOPHL said that IP rights are a private right, noting that the legal rights and enforcement of such rights are up to the IP owners.

''We have also outlined some legal remedies available to the IP Owners/Right Holders: Filing a criminal complaint for infringement to the PNP or the NBI for a case build-up or directly with the prosecutor's office,'' the IPOPHL said.

''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,'' it added. 

The IPOPHL earlier ordered Dali to pull out three products from its shelves after determining that these were ''confusingly similar'' to products of Nutri-Asia Inc.

Nutri-Asia, represented by Cruz Marcelo and Tenefrancia law firm, filed with the Bureau of Legal Affairs of the IPOPHL a complaint for trademark infringement, unfair competition, and copyright infringement with prayer for damages and writ of preliminary injunction against Hard Discount Philippines, which operates Dali.

This was for selling Kulina catsup and chili sauce and the Rajah Puro vinegar and soy sauce, with packages ''confusingly similar to Nutri-Asia’s UFC and Datu Puti products.”

GMA News Online contacted Dali for its comment, but it has yet to reply as of posting time.—LDF, GMA Integrated News