IP News

Two Makati firms caught using unlicensed design software
September 20, 2007

A series of surveillance activities conducted by IP-Manila and the Anti-Transnational Crimes Division ("ATCD") of the Philippine National Police-Criminal Investigation and Detection Group during the past few months uncovered that several firms within the Makati business district are using unlicensed versions of the well-known AutoCAD software. 

AutoCAD is a popular and widely-distributed software used in rendering computer-aided designs. Autodesk, Inc. ("Autodesk"), an American company developed the AutoCAD and owns the copyrights to the different versions of the software. 

Police Chief Inspector Bernard R. Yang of the ATCD, PNP-CIDG identified two of these establishments as HBO + EMTB Philippines, Inc. ("HBO") and Radian Consulting, Inc. ("Radian"), which are both engaged in rendering construction-design and architectural services. During the covert investigation, they were found to be using AutoCAD in their respective businesses sans the corresponding license from Autodesk.

"By using the AutoCAD software without authority or license from Autodesk, these establishments are effectively violating the latter's intellectual property rights," Police Chief Inspector Yang revealed.

Yang immediately applied for search warrants against the two establishments where numerous computers where found to be loaded with unlicensed AutoCAD. Judge Benjamin T. Pozon of RTC Makati City, Branch 138 issued Search Warrants Nos. 04-016 and 04-017, paving the way for the police to search the respective premises of HBO and Radian in the afternoon of May 5, 2004. 

Consistent with surveillance findings, a total of 35 computers used by both firms were found to contain unlicensed AutoCAD software. The enforcing officers seized the computers pursuant to the directives in the search warrants. 

Autodesk's counsel, Bengzon Negre and Untalan Intellectual Property Attorneys, already filed criminal charges against the responsible officers of HBO and Radian for copyright infringement. The criminal complaints are now pending with the Special Task Force on Intellectual Property Rights of the Department of Justice for preliminary investigation.

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