Raps filed vs Chinese trader

A BUSINESSWOMAN is now facing charges before the Regional Trial Court (RTC) for replication of products from other business firm.

Charged with violation of the Republic Act 8293 or The Intellectual Property Code was Sheanelle Sy Thay Dy Yaco, owner of KSX Commercial and Jing Xing Trading on Ramon Magsaysay Avenue in Davao City.

Assistant State Prosecutor Susan B. Azarcon found probable cause to charge the accused based on the complaint/affidavit filed by a representative of the Victoria's Secret Store Brand Management Incorporation, Jaime S. dela Cruz.

In a resolution dated last September 23, the complainant is the official registered owner of the world's famous Victoria Secret trademark, which is primarily engaged in manufacturing various personal care products.

Dela Cruz, on their affidavit, narrated that on December 28, 2010, the firm received information from their informant in Davao City that the KSK Commercial and JXing, is engaged in the distribution of the Victoria Secret products, showing counterfeits of their trademark.

Based on the information, the Inquiry and Reserved Specialist (IRS) of the Victoria Secret sought the assistance of the National Bureau of Investigation (NBI)-Davao and the latter acted on the matter on March 23, 2011.

The NBI with the complainant conducted a test buy in the business premises of the accused, wherein agents were able to purchase a counterfeit fragrance and lotion of Victoria Secret.

The NBI issued a search warrant against the business premises on April 14, 2011 and found the same counterfeit products. The search yielded around 2,978 counterfeit products of Victoria Secret.

"The accused has no authority to distribute or sell our products. They didn't ask for permission on the matter," Dela Cruz said.

Thus, Azarcon found probable cause to charge the accused for violation of Section (Unfair Competition, Rights, and Regulation and Remedies) in relation to Section 170 (Penalties) of the RA 8293.

Azarcon, in her resolution, added that the accused even failed to appear before the preliminary investigation despite the notice submitted before her.

The case was filed on March 4, 2013 and the accused remained at large. Bail recommended is P10,000. (ICT)