CEBU, Philippines — The Philippine Eco-gas Producers Cooperative (PEPC) has warned butane traders of criminal charges if caught using their brand without authorization.
Lawyer Vincent Roel Tabuñag, legal counsel of PEPC, has asked butane traders who are using their brand without authorization to surrender the canisters to the cooperative.
Tabuñag said that any unauthorized refilling, handling, transporting, and most of all, trading of PEPC canisters is illegal.
Under Batas Pambansa 33, as amended by Presidential Decree (P.D.) 1865, illegal refilling of canisters or refilling activity not authorized by the Department of Energy (DOE) is a criminal offense.
He added that PEPC and Tripler canisters are duly registered brands or trademarks with the Intellectual Property Office of the Philippines (IPOP).
“The cooperative and the corporation will enforce its rights against trademark infringement and unfair competition as enunciated under Republic Act 8293, the Intellectual Property Code of the Philippines, as amended by RA 10372,” the lawyer said.
PEPC also warned the butane dealers and retailers who counterfeited their seal stickers citing that the act is punishable under the Revised Penal Code (RPC). PEPC further said that the unauthorized use of a trademark or service mark in connection with goods or services is illegal in a manner that is likely to cause confusion, deception, or mistake about the source.
Tabuñag said it also leads to unfair competition which is a term that applies to dishonest or fraudulent rivalry in trade and commerce.
Tabuñag said that those who will sell, transport or refill butane canisters must obtain Standard Compliance Certificate (SCC) from the DOE as mandated by its circulars.
This will ensure that individuals or those entitled in dealing, selling, transporting or refilling butane canisters have business permit from the local government unit (LGU) as well as fire safety inspection certificate from the Bureau of Fire Protection.
PEPC’s statement came after operatives from the National Bureau of Investigation (NBI) 7 raided three butane refilling stations illegally operating in Barangays Jaclupan, Tabunok and Cansojong in Talisay City on December 1. — FPL (FREEMAN)