Philippines Update – IP Enforcement

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In response to the recent amendments of the Philippines Intellectual Property Code (Republic Act No. 8293), the Intellectual Property Office of the Philippines (IPOPHL) introduced new Rules and Regulations relating to the sale of counterfeit goods in late September 2013.  Furthermore, an Intellectual Property Rights Enforcement Office (IP Enforcement Office) was introduced to receive complaints of intellectual property violations and to take action against counterfeiters.

In brief, IPOPHL enforcement action(s) may be commenced once a verified complaint is received and must be taken within 30 days.

Enforcement action may include any one, or more, of the following:

  • issuance of a notice, or warning, to the respondents;
  • issuance of a visitorial order on the subject premises;
  • issuance of a compliance order against the respondents;
  • immediate filing of administrative complaints before the local government concerned, and other government agencies or tribunals;
  • referral of the case to a law enforcement agency for case build-up;
  • recommendation of application for a search warrant;
  • dismissal of the complaint;
  • referral to other government agencies for filing of charges for violation of other laws; and/or,
  • other actions necessary to ensure compliance with the Code.

If a visitorial order is issued, then the visitorial order is valid for ten days from the date of being issued.

Only items found on the premises, in plain view that are identified as counterfeit goods, may be recorded in a Post-Operation Report (POR).  The POR serves as a basis for any subsequent administrative action.

Compliance orders may be issued to the business establishment, and the business establishment has 60 days to comply with the compliance order before formal administrative action is commenced.

Recently, data from IPOPHL has indicated that counterfeit items seized by the government from January 2014 to April 2014 (i.e. post amendment) increased 334% when compared to the same period last year.  Accordingly, it appears that the new Rules and Regulations, and IP Enforcement Office, have been successful in assisting intellectual property owners’ exercise their rights against counterfeit goods thus far in the Philippines.

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