Case Study No. 7 - Local - Copyright Infringement - Reymart - Ruiz
Case Study No. 7 - Local - Copyright Infringement - Reymart - Ruiz
This petition for review on certiorari 1 seeks to set aside the decision of the Court of
Appeals (CA) in CA-G.R. CV No. 74660 2 and its resolution 3 denying reconsideration.
On September 25, 2002, the TAPP found that: Evidence on record would show that
respondent bought his merchandise from legitimate sources, as shown by official
receipts issued by JC Lucas Creative Products, Inc., Paper Line Graphics, Inc. and
Melawares Manufacturing Corporation. In fact, in her letter dated May 23, 2002, Ms.
Ma. Angela S. Garcia certified that JC Lucas Creative Products, Inc., Paper Line
Graphics, Inc. and Melawares Manufacturing Corporation are authorized to produce
certain Sanrio products. While it appears that some of the items seized during the
search are not among those products which GGI authorized these establishments to
produce, the fact remains that respondent bought these from the abovecited legitimate
sources. At this juncture, it bears stressing that respondent relied on the representations
of these manufacturers and distributors that the items they sold were genuine. As such,
it is not incumbent upon respondent to verify from these sources what items GGI only
authorized them to produce. Thus, as far as respondent is concerned, the items in his
possession are not infringing copies of the original petitioner's products. (emphasis
supplied) Thus, in a resolution dated September 25, 2002, it dismissed the complaint
due to insufficiency of evidence. Petitioner moved for reconsideration but it was denied.
22 Hence, it filed a petition for review in the Office of the Chief State Prosecutor of the
DOJ. 23 In a resolution dated August 29, 2003, 24 the Office of the Chief State
Prosecutor affirmed the TAPP resolution. The petition was dismissed for lack of
reversible error.