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Custom Recordal of IPRs in Philippines

Philippines

Custom Recordal of IPRs
Yes
No
Yes
The Rules and Regulations Implementing R.A. No. 165, as amended, R.A. No. 166, as amended, and P.D. No. 49 Regarding the Prevention of the Importation of Infringing Goods or Products - form the legal basis for Custom Recordal of IPRs (Border Control Measures) in Philippines.
Custom Recordal of IPRs is effective only on the import of goods.
The role of the Customs is defined as follows:
1) They keep a registry book for all IP Assets.
2) The Bureau of Customs shall, for monitoring purposes, also establish an alert list of persons, provided by intellectual property owners or other sources, known or suspected to be infringing, counterfeiting, or otherwise copying or simulating marks or tradenames protected under the subject laws. On the basis of the said alert list or upon written request by the trademark patent and copyright owners, the Bureau of Customs shall place under alert orders shipments known or suspected to be infringing upon the trademarks or copyright.
The rightful holder, who has valid grounds for suspecting that counterfeit trademark or pirated copyright goods will be imported may take place, may lodge an application in writing with the Commissioner of the Bureau of Customs for the issuance of a hold order on the release of such goods.
The rights holder should show proof that he owns one of the protected properties identified in Section 35 of the Trademark Law. He should also furnish the Commissioner with the following information:
a) Name and address of the patent holder, trademark, or copyright owner;
b) Name of the locality in which his goods or products are manufactured;
c) Name and address of agent or representative; and
d) Sufficiently detailed description of the goods, product or services of the patentholder, trademark, or copyright owners to make them readily recognisable by the Customs Authorities.
No
There is no fixed time limit.
Yes, it is centralised
No
It involves the payment of recordation fee of PHP two thousand (P2, 000.00) per product, but in no case to exceed PHP twenty thousand (P20, 000) per IPR Holder/Owner be paid to the Bureau of Customs for each registration of trademark, patent, and copyright.
The term of Custom Recordal of IPRs is 02 years, which is further renewable every 02 years thereafter.
Yes
The customs department suspends the clearance of imported goods upon suspecting that the goods are infringing in nature, either on their own initiative or on finding from a complaint.
The applicant bears the same; however, if the applicant adduces wrong information, the fine has to be paid in addition.
Yes
Yes
Yes
No
No
No
No
Goods finally found in seizure proceedings to be infringing shall be forfeited in favour of the government and shall be destroyed, unless used as evidence in court proceedings.
The option of resorting to a court proceeding lies is there with the applicant.
No
No
Yes
Other documents and evidences, including photographs of infringing goods, may be needed.
Seizure, destruction, and damages are the possible remedies awarded by the court.
No