Law Summary
Registration of Marks of Ownership
- Persons engaged as described must register with the Philippines Patent Office a description of the names or marks, as well as the intended purpose of the marked containers.
- Registration is subject to the conditions, rules, and regulations applicable to the issuance of trademarks.
Prohibition on Unauthorized Use
- It is unlawful for any person to use, fill, sell, dispose of, buy, or traffic in the aforementioned containers bearing registered marks without written consent from the registered manufacturer, bottler, or seller.
- Prohibition covers both filled and unfilled containers.
- Unlawful use includes repurposing containers for drinking vessels, glasses, drain pipes, foundation pipes, or any use other than that registered.
Penalties for Violation
- Violators may be fined up to one thousand pesos.
- Alternatively, violators may face imprisonment of up to one year.
- Both fine and imprisonment may be imposed.
Presumption of Unlawful Use or Possession
- Use or possession of such marked containers by any person other than the registered owner, without written permission, gives rise to a prima facie presumption of unlawfulness.
- This applies to junk dealers or dealers in containers if they possess such marked containers without consent.
Effectivity
- The Act took effect upon approval on June 21, 1969.