Manila prosecutors dismissed the case filed by Manila Express Payment Systems, owners of the TouchPay brand, against BTI Payments Philippines and Electronic Transfer Advance Processing Inc. (eTAP) for alleged “Utility Model Infringement and Unfair Competition”.
MEPS alleged that there was a confusing similarity in the general appearance of the BTI, eTAP and TouchPay machines and intent to deceive the public and competitors. This resulted in a search warrant issued and a raid by the National Bureau of Investigation-Intellectual Property Rights Division which confiscated two BTI machines from Manila in July 2020.
“Upon evaluation, the evidence adduced has not sufficiently or substantially established that the public or end-consumers were confused as to the machines they were utilizing in their transactions. In the first place, just through physical appearance, both differ," Senior Assistant City Prosecutor Lolita Rodas said.
The prosecutors noted that the NBI-IPRD men, who confiscated BTI and ETAP machines by virtue of a search warrant, failed to submit an affidavit to confirm any alleged violation.
“There is also no evidence showing that when the confiscated machines were operated, such indeed showed or exhibited an imitation of the utility model flow of that of [TouchPay],” said Rodas.
TouchPay has been aggressive at cracking down on alleged “fake” machines and has been filing cases against other competing payment kiosk providers through the NBI-IPRD.
The dismissal is the first resolution against TouchPay among the “Unfair Competition” and “Intellectual Property” complaints it filed in various courts. Operatives of the NBI-IPRD also confiscated ZoomPay payment terminals in Muntinlupa, Pasay and Parañaque.