Intellectual Property

Unfair Competition is a Transitory and Continuing Offense

The NBI found that SG Inc. is engaged in the reproduction and distribution of counterfeit "playstation games" and thus applied with the Manila RTC warrants to search respondent's premises in Cavite. RTC granted such warrants and thus, the NBI served the search warrants on the subject premises. SG Inc. questioned the validity of the warrants due to wrong venue since the RTC of Manila had no jurisdiction to issue a search warrant enforceable in Cavite. Is the contention of SG Inc. correct?

 

No, unfair competition is a transitory or continuing offense under Section 168 of Republic Act No. 8293. As such, petitioner may apply for a search warrant in any court where any element of the alleged offense was committed, including any of the courts within Metro Manila and may be validly enforced in Cavite. (Sony Computer Entertainment Inc. v. Supergreen Inc. G.R. No. 161823, Mar. 22, 2007)


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