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Monday, September 26, 2005
Council sets fines on dealers of fake discs, clothes
By Linette C. Ramos
Sun.Star Staff Reporter
BARGAIN hunters can expect difficulty finding cheap pirated goods and services soon, after the Cebu City Council approved the “Anti-Fake Goods Ordinance” in a bid to attract more investors.
The council last Wednesday approved the ordinance, which seeks to penalize and revoke the business permit of establishments selling counterfeit products.
Although the ordinance does not specify the kinds of goods it covers, Councilor Hilario Davide III said all products not made by its legitimate manufacturers and intellectual property rights (IPR) holders are included.
The goods include apparel, accessories, video and audio discs, appliances and medicine.
Davide, the proponent of the ordinance, admitted it will be difficult to implement the measure since numerous establishments in the city sell fake goods, and the City Government has limited manpower to run after the retailers.
“Admittedly, it will be hard to enforce this but we have to start somewhere if we aim to be a world-class city and the most livable city,” he told Sun.Star Cebu.
Legitimate establishments like department stores, boutiques and stalls in the downtown area will be included in the inspections.
Rights
Davide said he is hoping the mayor will approve the new law, which the City needs especially since it is trying to market the South Reclamation Project (SRP) to foreign investors.
“The ordinance will help us sell the SRP, especially to foreign manufacturing firms. They’re very meticulous. They will ask if we have this law because they are very particular about enforcing intellectual property rights,” he said.
Once the mayor approves the ordinance, the City Government will seek the help of the police, National Bureau of Investigation, Videogram Regulatory Board and other law enforcement agencies in implementing it, even if the errant firms have been paying business taxes.
Davide said he does not think the cancellation of business permits and the confiscation of fake goods will affect the tax collection of the City.
He said the ordinance will actually help raise revenues while getting rid of pirated goods, since the City will be able to collect fines from erring retailers.
Once the law takes effect, all business permits will specify that the licensee shall not engage in the sale, rental, transfer, distribution and production of fake goods.
Any violation of the ordinance is a ground for the suspension of the business permit or license for 10 days on the first offense, 30 days for the second violation, and revocation on the third or subsequent offenses.
The fake goods of any person engaged in business, with or without license and permit, will also be confiscated and disposed of in accordance with the law.
The notice of suspension or revocation of the business permit or license shall be issued by the mayor after an inspection of the business establishment.
Inspections could either be those regularly conducted by City Hall or those done in response to a complaint against the establishment.
(September 26, 2005 issue)
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