WITH the next election just around the corner, so to speak, potential candidates, particularly those angling for slots in the senatorial lineups of the major parties, can be expected to ratchet up efforts to make themselves more visible—and acceptable—to the electorate.

The 2013 elections would be a preview of the more important 2016 elections where national and local candidates will definitely fight tooth and nail to get the nod of Filipino voters.

The credibility of the two upcoming polls is largely in the hands of the Commission on Elections (Comelec). And with the positive outcome of last year’s computerized balloting, it would be wise for the poll body to purchase the Precinct Count Optical Scan (PCOS) machines it had leased from Smartmatic-Total Information Management Corp. (TIM), as this would translate to P18 billion in savings for Filipino taxpayers over the next two elections.

Here’s the math: If Comelec decides to lease machines anew for the next two elections, it would need a total of P21.816 billion to similarly automate these electoral exercises. But if it were to just take Smartmatic-TIM’s offer to buy the PCOS units, Comelec would need just P1.822 billion to do so plus another P2.035 billion for warehousing and maintenance, or a total of P3.857 billion.

On top of the significant cost savings, Comelec would, by using the same automated election system, be sending a strong message of trust and continuity to voters, thus reinforcing the perception of the successful outcome of the 2010 elections.

Filipino voters are already familiar with the system of voting using the PCOS machines, so that the past efforts to educate voters on the automated system of balloting in 2010 would not go to waste.

There would already be an easier and faster certification process for the PCOS technology, which is currently being recertified for improved functions.

Moreover, the members of the Board of Election Inspectors (BEI) are already familiar with the PCOS machines, thereby equipping them with a high level of confidence in operating these units in the next elections.

There will also be an opportunity to introduce improvements on the software and procedures, such as biometric authentication.

Republic Act (RA) 9369 mandated Comelec to put in place a proved-and-tested system of automated voting and counting. This provision in RA 9369 is precisely the reason Comelec cannot, without violating the law, accept any other technology at this point.

Piracy of a sort

We’ve had fake designer bags, apparel, CDs and DVDs, to the consternation of the foreign firms manufacturing the genuine articles. But of late there’s been a legal battle over a different counterfeit product: broadband USB sticks.

Globe Telecom has pulled out from the market its latest mobile broadband stick tagged “Tonino Lamborghini” after the Italian company that owns the brand threatened to sue for trademark infringement.

Globe now says it has temporarily stopped marketing the USB device that was introduced in June until its problems with the Italian firm Tonino Lamborghini are sorted out. 

The Ayala-owned telecom company claims it had obtained the right to use the name and logo Tonino Lamborghini through an agreement with a Singapore-based company called Primo Mobile, which it described as “the master franchiser of mobile phone-related products for the Italian brand Tonino Lamborghini.”

Globe asserted that the design of the Globe Tattoo Tonino Lamborghini 4G broadband stick was reviewed and approved by Primo Mobile.

Tonino Lamborghini responded by issuing a statement that Primo Mobile had been granted only a trademark license—neither a master license nor a master franchise—and had no authority to sublicense the use of the Tonino Lamborghini trademark and logo. In any case, Primo Mobile’s trademark license agreement had been terminated some months ago.

From where I sit, this appears to be a case of misrepresentation and trademark infringement. Is the claim of Tonino Lamborghini that Primo Mobile was unauthorized to sublicense the use of its trademark really true? Did Primo Mobile mislead Globe that it was the master franchiser of mobile phone-related products for Tonino Lamborghini? Was the Globe management negligent and failed to conduct due diligence, dealing with an unauthorized Singaporean company rather than the Italian firm itself?

Tonino Lamborghini now says Globe’s advertising campaign for its broadband stick was “deceitful and unlawful.” Globe had built its campaign around the slogan “Feed the need for speed,” with Marlon Stockinger, the first Filipino to win a formula race in Europe, as its endorser. It turns out, however, that Tonino Lamborghini is known for hand-made watches, while another Italian company Automobili Lamborghini is the world-renowned maker of luxury sports cars. Was Globe gypped bigtime here?

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