Chinese firm liable for P24.7-M copyright infringement case

MANILA, Philippines — A Manila court has found a Chinese company and its local partners liable for copyright infringement.

The Manila Regional Trial Court Branch 24 ordered Fujian New Technology Color Making and Printing Co. and its partners M.Y. Intercontinental Trading Corp. (MITC), owner Tedwin Uy and Allianz Marketing and Publishing Corp. to pay local publishing firm St. Mary’s Publishing Corp. (SMPC) and owner Jerry Vicente Catabijan P24.7 million in damges.

In a 35-page decision promulgated on Dec. 8, Judge Ma. Victoria Soriano-Villadolid ordered the defendants to desist from printing, copying, reproducing, importing, distributing and selling 12 original and revised editions of textbooks that they illegally sold to the Department of Education offices in Zamboanga, Matnog in Sorsogon and Cabuyao in Laguna.

The SMPC is the copyright owner of the books.

SMPC lawyer Oscar Manahan said the landmark case provided a model for copyright owners who are pursuing suits against infringers.

“The court decision recognizes the Philippine government’s commitment under the Berne Treaty to fully recognize, protect and enforce Intellectual Property Rights in the country. The Berne Convention on Copyrights where Philippines and China are signatories have committed to enforce the  decision,” Manahan said.

The case stemmed from the P76.7-million contract entered into by SMPC with the defendants for printing its textbooks in Fujian’s factory in China and for distribution by MITC in the Philippines.

The SMPC issued authority to print textbooks three times to Fujian in September, October and November in 2009.

The publishing firm also issued a purchase order in December 2009 to Fujian for printing of additional textbooks (Development Reading Power for Grade 1 to 6 and Pagpapaunlad Ng Kasanayan Sa Pagbasa) for P11,346,781.08 covering a total of 301,000 copies of textbooks worth P300 each.

But Fujian did not deliver the textbooks and instead authorized MITC to enter into another contract to market the textbooks.

Allianz, on the other hand, imported the textbooks from Fujian and sold these in the Philippines.

The court found that MITC was able to secure copyrights of the textbooks through a notarized Deed of Assignment of Copyright in March 2010.

The court held that the signature of Catabijan in the deed was forged, based on a report from the Philippine National Police Crime Laboratory, which was presented by the complainant.