Another Conviction for Trademark Infringement

Sony Computer Entertainment, Inc. obtained another conviction against retailers of counterfeit PlayStation products.

In a Joint Decision handed down by Judge Sixto Marella of the Regional Trial Court of Makati City, Branch 138, spouses Simon Chan and Fu Lin Gutierrez were found guilty beyond reasonable doubt of the crime of trademark infringement and were sentenced to suffer the penalties of two to five years imprisonment and a fine of P100,000.00 each.

The spouses are the owners of Gamelandia Enterprises, a popular chain of stores that retails computer game products. In an investigation conducted by the National Bureau of Investigation, in collaboration with IP Manila Associates, Inc., Gamelandia Enterprises was found selling bootleg copies of PlayStation CD-ROM games. In November 2000, the NBI raided one of Gamelandia's outlets in Makati Cinema Square and confiscated 5,696 pieces of counterfeit PlayStation games. After a preliminary investigation, the Department of Justice filed criminal charges for trademark infringement against the spouses.

An interesting note is the speedy disposition of the case which only took one year of trial. It demonstrates the courts' growing awareness and responsiveness to the government's intensified campaign against intellectual property piracy. This clearly shows that the effective enforcement of intellectual property rights does not end with the seizure of pirated goods but must result in the conviction of the counterfeiters.