QuestionsQuestions (Republic Act No. 5700)
RA 5700 amended certain sections of Republic Act No. 623. Its main purpose was to include containers of compressed gases within the coverage of RA 623 regarding marks of ownership and trademark-like registration for certain containers.
Persons engaged or licensed to engage in the manufacture, bottling, or selling of beverages in specified containers, and persons engaged in the manufacture, compressing, or selling of gases (e.g., oxygen, acetylene, nitrogen, etc.) contained in steel cylinders, tanks, flasks, accumulators, or similar containers, with their names/principal/products or other marks of ownership stamped or marked thereon.
Lawful beverages such as soda water, mineral/aerated waters, cider, milk, cream, or other lawful beverages in bottles/boxes/casks/kegs/barrels and similar containers; and compressed gases such as oxygen, acetylene, nitrogen, carbon dioxide, ammonia, hydrogen, chloride, helium, sulfur dioxide, butane, propane, freon, methyl chloride, or similar gases contained in steel cylinders, tanks, flasks, accumulators, or similar containers.
A description of the names or marks and the purpose for which the containers so marked are used, including the names of the entities or their principals or products, or other marks of ownership stamped or marked thereon.
It means the registration process is under the same legal/regulatory conditions applicable to the issuance of trademarks—i.e., subject to the same framework governing trademark registration issuance, adapted to the container marks described in the law.
It is unlawful to fill the marked containers for the purpose of sale, or to sell/dispose of/buy/traffic in/wantonly destroy them, whether filled or not, and to use them for purposes other than those registered (e.g., as drinking vessels, glasses, drain/foundation pipes, or other purposes than that registered).
Yes. The law states violations apply whether the containers are filled or not.
A fine of not more than one thousand pesos or imprisonment of not more than one year, or both.
Written consent of the manufacturer, bottler, or seller who successfully registered the marks of ownership in accordance with Section 1.
Use by any person other than the registered manufacturer/bottler/seller without written permission of the latter; or possession without written permission by a junk dealer or dealer in such containers that are duly marked/stamped and registered as provided.
It means there is initial evidence of unlawfulness based on the stated facts (unauthorized use/possession), which is sufficient to shift the burden to the accused to explain or rebut the presumption.
A junk dealer or dealer in casks, barrels, kegs, boxes, steel cylinders, tanks, flasks, accumulators, or similar containers. The law makes such unauthorized possession by these dealers sufficient to trigger the prima facie presumption.
It is a prohibited act under Section 2 because the container must only be used for the registered purpose; using it for drinking vessels/glasses/drain pipes or any other purpose not registered is unlawful.
Examples include oxygen, acetylene, nitrogen, carbon dioxide, ammonia, hydrogen, helium, sulfur dioxide, butane, propane, freon, methyl chloride, or similar gases.
Steel cylinders, tanks, flasks, accumulators, or other similar containers.
It takes effect upon its approval, as stated in Section 2. RA 5700 was approved on June 21, 1969.