PHILIPPINES
NO ENTRY FOR FAKES
Editha Hechanova Hechanova Bugay & Vilchez
One of the more cost-eff ective anti-counterfeiting measures that an intellectual property rights holder can use is the seizure of fake goods at the port of entry through the Philippine Bureau of Customs (BOC). T e BOC maintains a registry where IP holders may record their rights, eg, copyright and related rights, trademarks, patents, utility models, and industrial designs.
Recordation with the BOC is a relatively simple and inexpensive procedure, and is valid for two years, and renewable for the same period. With the recordation, the BOC alerts its examiners to monitor and inspect suspected importations for possible seizure. There is, of course, no guarantee that once the IP right is recorded, seizures will follow immediately. The BOC does random checking, and with several ports of entry, and the lack of manpower of the BOC’s IP Division, it is possible that it may take some time before a seizure can be made.
Notwithstanding these barriers, because the BOC examiners and inspectors have been alerted on the recorded IP, the chance of stopping fakes entering the Philippine market is increased.
Seizure of suspected counterfeit goods
Upon request of the IP holder or on its own initiative, the BOC may issue alert or hold orders against importations suspected of containing infringing goods. The BOC informs the agent on the record indicated in its registry to be present during the examination of the goods placed under alert/hold order within 24 hours. If during the examination, the goods are found to be non-infringing, the alert order is lifted, and the processing of the import entry is continued.
If the goods appear to be counterfeit, the matter is immediately referred to the Collector of Customs for the issuance of a warrant of seizure and detention (WSD) against the shipment.
Within five working days of the seizure, the collector shall notify the claimant, importer or owner of the seized goods or his agent, by way
90 World Intellectual Property Review e-Digest 2013
www.worldipreview.com
IF DURING THE EXAMINATION, THE GOODS ARE FOUND TO BE NON-INFRINGING, THE ALERT ORDER IS LIFTED, AND THE PROCESSING OF THE IMPORT ENTRY IS CONTINUED.
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