IPO upholds Vazquez Corp’s patent on downending tiles

The Intellectual Property Office (IPO) has upheld the patent right of Edgardo Vazquez, president of Vazquez Commodities Corp. (VCC), over downending (eaves) tiles for which Vazquez had filed a petition barring CPAC Monier Philippines, Inc. from using the same downending tiles.

The IPO, thus, rejected the Motion for Reconsideration filed by CPAC Monier over a Nov. 6, 2003 preliminary injuction issued by the IPO against CPAC Monier.

In a four-page resolution dated Feb. 4, 2004, the IPO ruled that VCC’s right exist from the registration of his design patent under Republic Act No. 165, as amended, which granted him exclusive rights to his patent throughout the Philippines for the term of its protection.

The IPO ruled that CPAC Monier has not been able to show documentary evidence to prove the existence of its right to the same downending tiles.

It also upheld the claim of irreparable injury of Vazquez as a registrant due to the continuous sale of the disputed concrete roof tiles.

Vazquez had sued CPAC Monier in May last year for infringement of his design patents on Tegula Concrete Roof Tiles, one of which is the downending tiles.

CPAC Monier is a joint venture of Ayala Land, Redland International and Cementhal Roof Holdings.