CEBU, Philippines - The Regional Trial Court has convicted a businesswoman for allegedly selling counterfeit products.
Judge Alexander Acosta held Zhu Xue Hua alias Sharon Go criminally liable for violating Section 168 in relation to Section 170 of Republic Act 8293 or the Intellectual Property Code of the Philippines.
“A careful scrutiny of the shape, brand printed on the label, lettering on label and the logo clearly established a confusing similarity purposely to deceive the buyers. Corollary, the striking similarities between the genuine Colgate products and the counterfeit Colgate products seized by the National Bureau of Investigation support the claim of the prosecution that accused had been engaged in dealing manufacturing, selling and distributing counterfeit Colgate pro-ducts,” the decision reads.
Acosta sentenced Zhu up to five years in prison and fined her P200,000.
The NBI conducted surveillance on Zhu’s store, Fashion Flavors General Merchandise, located along V. Gullas Street after Colgate-Palmolive Philippines, Inc. sought its help in looking into the sale of counterfeit Colgate toothpaste.
Special investigator Glenn Lacaran said an entrapment operation was carried out after they confirmed that counterfeit toothpaste products with the trademark Colgate was being sold at the store.
Zhu, a Chinese national, denied having a business in the Philippines. She said the owner of Fashion Flavors General Merchandise is her friend, Tiu Zi Ziang.
She said she visited her friend on March 27, 2003 at the store and denied receiving a deposit of P8,000 from a poseur-buyer for an order of Colgate.
However, on April 1, 2003, she admitted receiving P10,000 given to her by an employee. She said she never bothered to ask what the money was for because she could not understand the language.
Acosta said the prosecution was able to prove Zhu’s guilt beyond reasonable doubt. — (FREEMAN)