SEPARATE CONCURRING OPINION

VITUG, J.:

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 customer, the latters right thereover, however, must be understood as being subject to the statutory limitations on the use of 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, containers, without 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, the petitioners claim for just compensation for the marked bottles is untenable given the foregoing disquisition.