FIRST DIVISION
G.R. No. 123248 October 16, 1997
TWIN ACE HOLDINGS CORPORATION, petitioner,
vs.
COURT OF APPEALS, and LORENZANA FOOD CORPORATION, respondents.
Separate Opinions
VITUG, J., separate and concurring:
Republic Act ("R.A.") No. 623 has been enacted not only to protect the intellectual property rights of the registrant of marked bottles or containers but to prevent unfair trade practices and fraud on the public. 1 While the ownership of such marked bottles could pass on to the consumer, the latter's rights thereover, however, must be understood as being subject to the statutory limitations on the use of the registered article and to the trademark rights of the registrant, such as that imposed by R.A. No. 623 which prohibits the use of registered bottles or containers, without the written consent of the registrant, except, like in the instant case, for its filling-in of native products like "sisi," "bagoong," and "patis."
I agree, accordingly, that petitioner's claim for just compensation for the marked bottles is untenable given the foregoing disquisition.ℒαwρhi৷
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