TouchPay (Courtesy of TouchPay PH Facebook)
MANILA – The owner of a payment processing service kiosks said it will pursue its claims against the owners of automated payment systems raided by the National Bureau of Investigation (NBI) two years ago following charges of unfair competition.
In a statement sent to the media on Monday, Manila Express Payment System Inc. (MEPS) denied reports that its issues against BTI-Philippines Inc. (BTI) have been settled.
MEPS owns and operates TouchPay machines, and has obtained favorable decisions in a series of cases filed against corporations for allegedly infringing on its registered utility model.
The NBI - Intellectual Property Rights Division raided and seized several automated payment machines under the label Xytrix/ZoomPay owned by Xytrix Systems Corporation and powered by Electronic Transfer and Advance Processing Inc. (ETAP).
The Regional Trial Court of Muntinlupa Branch 203 previously found probable cause for the issuance of a warrant of arrest against the officers of Xytrix, led by Danilo Evangelista, for alleged unfair competition under Republic Act 8293 or the Intellectual Property Code.
The seized machines were supposedly found to have infringed on the registered utility model of MEPS.
Xytrix countered that their machines were manufactured/powered by E-TAP.
In a recent ruling, the Philippine Dispute Resolution Inc. sided with MEPS and found that BTI conspired with E-TAP in copying the registered utility model of MEPS and installed the same into BTI and E-Tap machines under the brand name Pay & Go.
The tribunal awarded MEPS PHP13.4 million in damages, to be settled by BTI.
The amount included PHP8.4 million out of the PHP98.8 million sought by MEPS for actual damages for disclosure to a third party of its data and business model.
MEPS had also claimed additional actual damages of PHP69.817 million and PHP20.268 million representing MEPS loss of profits.
MEPS appealed the ruling because despite the arbitral tribunal's findings that BTI committed an alleged infringement in conspiracy with E-TAP, it failed to award the claimed damages of MEPS.
There is also a pending infringement case against E-TAP in the Parañaque City court.
MEPS said it will continuously take necessary actions against individuals or entities violating its intellectual property rights. (PNA)
