Just as Facebook is facing twin anti-trust lawsuits in the United States, a German-based tool manufacturer with representative offices in Manila has called on the social media giant to prevent peddlers of counterfeit products from using its platform.
“They (seller of counterfeit products) want to capitalize on the excellence and quality that reputable manufacturers have built at the expense of the public’s safety,” according to See Hock Heng, the representative of a well-known German toolmaker characterized by strict quality and safety standards.
See said they have complained with Facebook in October 2020 seeking to stop the proliferation of imitation power tools bearing the name of a best-selling European product.
The company tried to log in on Facebook and applied for the Commerce and Ads IP (Intellectual Property) Tool by filling out the form provided by the social media company.
“We provided Facebook with all the information it needs to grant us the Commerce and Ads IP Tool. However, the same was not granted to us,” See lamented.
He cited as an example the sale of imitation chainsaws on Facebook that openly violates Republic Act 9175, also known as an act regulating the ownership, possession, sale, importation, and use of chainsaws.
Under Section 4 of RA 9175, it stipulates that chainsaws shall only be sold and/or imported by manufacturers, dealers, and/or private owners who are duly authorized by the Department of Environment and Natural Resources.
Aside from violating RA 9175, See also maintained that the offense of posting counterfeit products online falls under the Cybercrime Prevention Act of 2012, which defines ‘cybersquatting’ as the acquisition in bad faith of a domain name to profit, mislead, destroy a reputation or prevent others from registering the domain name if it is identical or confusingly similar to a registered trademark; identical or similar to the personal name of a person other than the registrant; or acquired without the relevant IP rights.
Last month, the Intellectual Property Office of the Philippines (IPOPHL) disclosed that it received some 135 intellectual property violation reports in the first nine months, which include the lockdown period, surpassing the total compiled during the five years to 2019 by 4%.
It said the majority of the complaints involved counterfeiting and piracy, accounting for 32 percent and 30 percent respectively while the rest involve other instances of intellectual infringement such as the use of similar marks and the unauthorized use of copyrighted work.