PHILIPPINES
of a written notice of the seizure, and give them an opportunity to be heard in proceedings conducted by the Law Division of the BOC. In these proceedings, evidence including the presentation of witnesses can be submitted by the relevant division of the BOC, usually the IP Division, the IP holder who is allowed to intervene in the proceedings, and the claimant, importer or owner of the seized goods.
Depending on whether the seizure is contested, the proceedings can last from two to six months. During the proceedings, if the quantity of the seized fake goods needs to be specifically determined, eg, the shipment is mixed with non-infringing goods, or several brands are involved, a stripping of the subject container/s can be requested, the cost of which shall be borne by the IP holder. Te Law Division of the BOC issues its resolution within three to 12 months.
Disposition of forfeited goods
Once the Law Division issues its resolution forfeiting the seized goods, the IP rights holder can move for their destruction. Te Cargo and Disposal Division of the BOC takes charge of the matter, prepares a condemnation plan and orders the destruction of the goods. It takes about a year or so from the time the Law Division issues the resolution to the actual date of destruction because of administrative requirements. Most IP rights holders shoulder the cost of destruction, and are present during the destruction to ensure that the seized articles are actually destroyed.
Exercise of visitorial powers
Because the BOC does not conduct an inspection of all incoming shipments, the chance of counterfeit goods entering the Philippine market is still high. In addition to monitoring shipments at the port of entry, the BOC exercises its visitorial powers and conducts raids with the assistance of the police authorities. Tis visitorial power is provided in Section 2536 of the Tariff and Customs Code which states that the BOC “may demand evidence of payment
www.worldipreview.com World Intellectual Property Review e-Digest 2013 91
MOST IP RIGHTS HOLDERS SHOULDER THE COST OF DESTRUCTION, AND ARE PRESENT DURING THE DESTRUCTION TO ENSURE THAT THE SEIZED ARTICLES ARE ACTUALLY DESTROYED.
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