Customs Recordation of Intellectual Property Rights


The Intellectual Property Code of the Philippines prohibits the importation of counterfeit products. In this connection, Philippine Bureau of Customs (BOC) regulations provide for the protection of intellectual property (IP) rights at the border level by having these recorded with the BOC. The recordal of IP rights with the BOC entails submission of the following documents:

(a) Power of Attorney (POA)

A notarized and legalized POA is required to authorize the trademark agent's local agent/attorney to file the application for recordation and to intervene on behalf of the IP owner during proceedings before the BOC for the seizure and detention of counterfeit products.

(b) Affidavit and application form

The affidavit and application form outline the details of the IP rights to be recorded, the exclusive distributors/licensees, if any, their respective addresses, etc.

(c) Documentary proof of IP ownership

The BOC requires the submission of trademark/copyright/patent registration certificates or affidavit of copyright ownership covering each of the IP rights that will be recorded.

(d) Product samples

The BOC requires the submission of two samples in commercial packaging of the products on which the relevant IP rights are used or applied. If the products are bulky or expensive, manuals or digital photos may be submitted.

The recordal process generally takes two weeks to complete from the filing of the recordal request. The BOC recordal is valid for a period of two years from date of issue and renewable for subsequent two-year periods.


 Copyright 2014. All rights reserved.


REACT

Our firm is the exclusive partner of REACT (https://www.react.org/locations/philippines/) in the Philippines. REACT members will now be able to take advantage of the Firm’s expertise in all facets of Intellectual Property Law. The Firm will also be able to better serve its Philippine clients’ international needs by being able to tap into the extensive REACT network.

REACT is a not-for-profit organization with over 25 years experience in fighting the trade in counterfeits and has in excess of 235 business Members covering all sectors of industry. With an extensive global network of offices and partners extending to 85 countries, REACT, using its knowledge of national laws and procedures, is able to act efficiently as a 'one-stop-shop' wherever and whenever its Members need to enforce their intellectual property rights.

To report a violation of the IP rights of REACT members, send an email to infringement@bccslaw.com.

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