IP News

Biggest Blow Against Piracy
September 20, 2007

Sony Computer Entertainment, Inc. ("SCEI") received information from reliable sources that a certain company within the Laguna International Industrial Park (LIIP) in Mamplasan, Laguna was engaged in the illegal manufacture, production, sale and distribution of counterfeit Sony PlayStation game software in CD-ROM and DVD-ROM formats, the copyrights and trademarks to which are owned by SCEI. 

SCEI's investigation arm, the private investigation firm IP Manila Associates, Inc. ("IP Manila") undertook a lengthy and comprehensive surveillance campaign against the premises of Bright Future Technologies, Inc. ("BFTI") located within the LIIP. IP Manila affirmed BFTI's illegal replicating activities: specifically that they operated mostly at night, if not on a 24-hour basis.

Upon submission of a positive surveillance report, the law firm of Bengzon Negre Untalan Intellectual Property Attorneys ("BNU"), SCEI's counsel and attorney-in-fact in the Philippines, coordinated with the local Laguna Police, PNP PRO-4 CALABARZON, under Regional Director Jesus Versosa stationed at Camp Vicente Lim, Calamba, Laguna.

On 1 April 2005, SCEI, through P/Insp. Rommel G. Macatlang of the PNP PRO-4 Regional Special Operations Group applied for Search Warrants before the Hon. Antonio M. Eugenio, Executive Judge of the Regional Trial Court, Manila, against the premises of BFTI located at Ganado St., LIIP, Mamplasan, Laguna, and at a residential apartment complex located within the nearby upscale Brentville subdivision.

At around 11 pm that same night, operatives of the PNP PRO-4 RSOG implemented the search warrants simultaneously on BFTI's premises and the residential apartment in Brentville. The Optical Media Board ("OMB"), through its Executive Director Atty. Ma. Victoria Benedicto, accompanied the enforcing officers within the premises to conduct their own inspection of the respondents.

At the Brentville apartment, the raiding team was able to seize a substantial number of counterfeit Sony PlayStation game software in DVD-ROM format. The OMB agents were also able to seize many pieces of counterfeit movies in DVD format. After confirming that the seized Sony PlayStation DVD games were indeed counterfeit, the enforcing officers then apprehended eleven (11) foreign nationals who were found at the scene for being in possession of commercial quantities of the counterfeit items. These foreign nationals turned out to be undocumented aliens from Taiwan and PROC.

At the BFTI factory, the enforcing officers found and took into custody eight (8) replicating machines, two (2) printing machines, CD molds and stampers, various parts and accessories necessary for the replication of CDs and DVDs, and around 600 pieces of counterfeit Sony PlayStation game discs. According to the OMB and the International Federation of the Phonograph Industries ("IFPI"), the seizure of the eight replicating machines was the biggest and most significant breakthrough against piracy thus far in the Philippines, if not the entire Asian region.

On 2 April 2005, President Arroyo herself, accompanied by several high ranking PNP and AFP personnel, visited the site and congratulated the enforcing officers on a job well done.

However, after the departure of the President, the enforcing officers had to continue the exhausting process of physically removing and taking possession of the replicating machines for transport to a warehouse for storage, all the while encountering resistance and challenges to their authority to search and seize from the various representatives of the respondents.

On 4 April 2005, the enforcing officers were finally able to transport the seized replicating machines in nine (9) large cargo trucks out of LIIP towards a private bonded warehouse in Paranaque City. However, through some legal maneuverings, respondents were able to have the seized items transferred instead to a warehouse of their choice. Respondents also filed multiple motions, including a Motion to Quash Search Warrant before the issuing court. With the exception of the Motion to Quash, all of the other motions were granted quite expeditiously, prompting the inhibition of the Executive Judge by the complainants. The case was then assigned to Hon. Amor A. Reyes, Presiding Judge of Manila Regional Trial Court, Branch 21.

On 18 April 2005, Judge Reyes denied respondents' "Urgent Motion to Quash and/or Exclude and Return Seized Articles" for lack of merit.
 

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