Question & AnswerQ&A (Republic Act No. 172)
Republic Act No. 172 amends Articles 188 and 189 of the Revised Penal Code concerning the substituting and altering of trade-marks, trade-names, service marks, and provisions on unfair competition, fraudulent registration, and false description.
The penalty is imprisonment in prision correccional in its minimum period or a fine ranging from 500 to 2,000 pesos, or both.
Any person who substitutes the trade-name or trade-mark of another manufacturer or dealer or a colorable imitation thereof on any article of commerce and sells it is punishable.
Article 188 penalizes any person who uses or substitutes the service mark of another person or a colorable imitation in the sale or advertising of services.
A trade-name or trade-mark is any word(s), name, title, symbol, emblem, sign, device, or any combination thereof used as advertisement, sign, label, poster or otherwise to enable the public to distinguish the business of the owner.
A service mark is a mark used in the sale or advertising of services to identify and distinguish the services of one person from others, including marks, names, symbols, titles, slogans, character names, and distinctive advertising features.
Unfair competition involves selling goods that have the general appearance of another manufacturer's goods, including their packaging or any other feature likely to deceive the public into believing the goods are those of another manufacturer or dealer.
Any person who affixes, applies, or uses a false designation of origin or false description or representation in connection with goods or services and sells them is punishable.
Any person who procures the registration of a trade-name, trade-mark, or service mark by false or fraudulent representations or declarations, orally or in writing, or by other fraudulent means from the patent office or related offices is punishable.
The Act took effect upon its approval on June 20, 1947.