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.
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