IP-related laws in the Philippines R.A. 623, as amended: An Act to Regulate the Use of Duly-Stamped or Marked Bottles
REPUBLIC ACT NO. 623 AN ACT TO REGULATE THE USE OF DULY STAMPED OR MARKED BOTTLES,
BOXES, CASKS, KEGS, BARRELS AND OTHER SIMILAR CONTAINERS (INCLUDING CONTAINERS OF COMPRESSED GASES, as introduced by R.A. 5700)
Section 1. Persons engaged or licensed to engage in the manufacture, bottling, or selling of soda water, mineral or aerated waters, cider, milk, cream or other lawful beverages in bottles, boxes, casks, kegs, or barrels, and other similar containers, or in the manufacture, compressing or selling of gases such as oxygen, acetylene, nitrogen, carbon dioxide, ammonia, hydrogen, chloride, helium, sulphur dioxide, butane, propane, freon, methyl chloride or similar gases contained in steel cylinders, tanks, flasks, accumulators or similar containers, with their names or the names of their principals of products, or other marks of ownership stamped or marked thereon, may register with the Philippines Patent Office a description of the names or marks, and the purpose for which the containers so marked are used by them, under the same conditions, rules, and regulations, made applicable by law or regulation to the issuance of trademarks. [as amended by R.A. 5700]
Section 2. It shall be unlawful for any person, without the written consent of the manufacturer, bottle, or seller, who has successfully registered the marks of ownership in accordance with the provisions of the next preceding section, to fill such bottles, boxes, kegs, barrels, steel cylinders, tanks, flasks, accumulators, or other similar containers so marked or stamped, for the purpose of sale, or to sell, dispose of, buy or traffic in, or wantonly destroy the same, whether filled or not to use the same for drinking vessels or glasses or drain pipes, foundation pipes, for any other purpose than that registered by the manufacturer, bottler or seller. Any violation of this section shall be punished by a fine of not more than one thousand pesos or imprisonment of not more than one year or both. [as amended by R.A. 5700]
Section 3. The use by any person other than the registered manufacturer, bottler or seller, without written permission of the latter of any such bottler, cask, barrel, keg, box, steel cylinders, tanks, flasks, accumulators, or other similar containers, or the possession thereof without written permission of the manufacturer, by any junk dealer or dealer in casks, barrels, kegs, boxes, steel cylinders, tanks, flasks, accumulators, or other similar containers, the same being duly marked or stamped and registered as herein provided, shall give rise to a prima facie presumption that such use or possession is unlawful. [as amended by R.A. 5700]
Section 4. The criminal action provided in this Act shall is no way affect any civil action to which the registered manufacturer, bottler, or seller, may be entitled by law or contract.
Section 5. No action shall be brought under this Act against any person to whom the registered manufacturer, bottler, or seller, has transferred by way of sale, any of the containers herein referred to, but the sale of the beverage contained in the said containers shall not include the sale of the containers unless specifically so provided.
Section 6. The provisions of this Act shall not be interpreted as prohibiting the use of bottles as containers for "sisi", "bagoong", "patis", and similar native products.
Sec. 7. This Act shall take effect upon its approval.
Approved: June 5, 1951
INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES Tungo sa malikhain at makabagong Pilipinas • Towards a creative and innovative Philippines
1