DTI lauds creation of permanent IP division in Customs

9 December 2008 --- Trade Secretary Peter B. Favila, Chairman of the National Committee on Intellectual Property Rights (NCIPR), welcomes the establishment of a permanent intellectual property rights division (IPRD) at the Bureau of Customs (BoC). Favila sees this as a manifestation of the country’s political will to curb violations against intellectual property.  “This will definitely enhance our business environment and encourage innovation among our SMEs, and other business enterprises,” he says.

The Intellectual Property Office of the Philippines (IP Philippines), the country’s lead agency in the intellectual property (IP) system, welcomes the more vigorous role of the Department of Finance (DoF) and the BoC in strengthening the IP system, as well. “The creation of the IPR division in the BoC definitely strengthens our campaign to eradicate the problem of counterfeit goods unfairly competing with legitimate business,” emphasizes IP Philippines Director General Atty. Adrian S. Cristobal, Jr.

Creating permanent intellectual property divisions in various government agencies is part of the government’s five-point strategy to strengthen the country’s IP system. The four other components include galvanizing the judiciary to move IP cases in courts, pushing a legislative agenda to enhance the legal and policy environment for IPR, and the creation of a the IP Research and Training Institute, that provides training to various stakeholders of the IP community.
The establishment of permanent IP divisions in select government agencies is also mandated under Executive Order No. 736 issued by President Gloria Macapagal Arroyo, when she created the NCIPR.

The permanent IP division in BoC strengthens the agency’s existing procedures to enforce border control, contained under the TRIPS Agreement.  The division also facilitates stronger coordination between BoC and different government agencies, especially in preventing the entry of infringing goods into the country.  BoC is a member of the NCIPR, an inter-agency working group that implements the government’s anti-piracy program.  

The Customs’ IPRD will consist of three sections: administration, operations, and legal.  The administration section is in charge of IP Risk assessment programs, data gathering, and border enforcement raiding and IP recordations. The operations section is responsible for implementing the provisions of Republic Act 8293 (Intellectual Property Code of the Philippines), recommend the issuance of alert/hold order against suspected shipments, act as witness in the examination of suspected product imports, and coordinate all activities with other BoC enforcement agencies relative to IPR violations. The legal section is mandated to investigate IPR violations at the Customs border, recommend the issuance of a Warrant of Seizure and Detention, represent the government in seizure and forfeiture proceedings relating to IPR matters, render legal opinions in IP-related matters within the bureau, and prepare legal pleadings and communications.

As a member of the NCIPR, BoC has posted a total haul of more than P2.8 billion worth of pirated goods since 2005. From January 1, 2005 to November 2008, it has conducted a total of 108 operations and seized more than three million pieces and close to 9,000 sacks of counterfeit items, four replicating machines, and one container of fake shipment.

IP Philippines promotes creativity and innovation through the country’s intellectual property system. IP Philippines grants patents and trademarks, supports the creative industries and advocates a vibrant IP culture. More information at www.ipophil.gov.ph.  

 

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