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OUTCOME
Upon evaluation, the PDRCI tribunal ruled in favor of MEPS and against BTI.
Atty. Romina Miranda, the Senior Agent in the Intellectual Property Rights Division assigned to
make surveillance and investigation of the alleged alterations of MEPS’ APMs and their being
passed on as Pay&Go, testified that she saw personally a number of APMs with MEPS’ serial
numbers on the machines that bore the label Pay&Go and altered APMs which are labeled
Pay&Go but the serial number stickers had been removed.”
Miranda, the tribunal said, checked the serial numbers of Pay&Go machines and found that they
were also the serial numbers of the APMS of MEPS.
She saw the altered MEPS APMS that were made to appear as Pay&Go in several venues,
which were BTI sites.
Republic of the Philippines
North Eastern Mindanao State University
Tandag City, Surigao del Sur
Telefax No. 086-214-4221/086- 214-2723
www.nemsu.edu.ph
The Pay&Go machines had features and functions similar to TouchPay APMs remitting
payments through automated payment machines.
“The testimony of Atty. Miranda established and confirmed clearly that BTI disclosed to and
shared with E-TAP confidential information on MEPS’s APMs and connived with E-TAP to copy
MEPS’s APMS features and intellectual property and deployed and distributed the altered APM
machines in various locations in Metro Manila,” the ruling said.
“BTI copied the registered utility model of MEPS ATMS into its APTs of Pay&Go and violated
the Copyright law,” the tribunal said.
The crimes of trademark infringement and unfair competition are under Sections 155 and 168,
both in relation to Section 170 of the Intellectual Property Code of the Philippines (Republic Act
No. 8293).
The arbitral tribunal from the Philippine Dispute Resolution Center Inc. (PDRCI) rendered an
arbitral award directing BTI to pay MEPS at least P5.3 million for patent infringement.
The invention or utility model of the TouchPay machines is under patent protection, hence they
cannot be used or imitated without the consent of the patent holder, creator, or inventor.