Hoarding is not unfair competition

Managing Intellectual Property


Is the hoarding of a competitor's product containers an act of unfair competition under the Intellectual Property Code of the Philippines? This is the issue addressed in the case of Coca Cola Bottlers Phils Inc vs Quintin Gomez, et al in case no GR 154491 involving two rival multinational soft drink giants; petitioner Coca-Cola Bottlers, Phils, Inc accused Pepsi Cola Products Phils, represented by the respondents, of hoarding empty Coke bottles in bad faith to discredit its business and to sabotage its operation in the Bicol region.

The facts are as follows. Some time in July 2001, based on search warrant no 2001-01, the local police seized from the Pepsi compound 2,464 litre and 4,036 eight and 12...


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