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WEEKLY NEWS - DECEMBER 03, 2007

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This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

Trade mark infringer gets two years in jail

Peter Ollier, Hong Kong

A businessman in the Philippines faces a minimum of two years in prison after using the trade mark of a popular local fast food chain to sell footwear

The penalty was confirmed by Court of Appeals in a decision dated November 19.

The Court upheld the Manila Regional Trial Court’s 2004 conviction of Richard Chua and increased the sentence from two years in prison to an indeterminate sentence of between two and five years.

The case was initiated by Jollibee, a Philippines-based fast food chain. The Court decided that, although Chua was selling different products, the Jollibee trade mark is well-known and so his action still amounted to a violation of the country’s IP code.



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