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Bureau of Customs Special Order No. 24-2002
Sept. 27, 2002
To: All Deputy Commissioners
Service Directors/Division Chiefs
Collectors of Customs / All Others
concerned
Subject: Creation of an interim Intellectual Property Unit (IPU)
- Objectives
- To strengthen customs border control over imports containing goods
suspected to be infringing upon the intellectual property rights
owners as defined in the Intellectual Property Code (IP Code) of
the Philippines and other related laws.
- To centralize border policy development and implementation for
better monitoring and interdiction of possible intellectual property
rights violations at the ports of entry.
- General Provisions
Pursuant to Section II-E of Customs Administrative Order No. ____,
there is hereby created an interim intellectual property unit to be
attached to the office of the Deputy Commissioner for Intelligence
and Enforcement Group with the following structure, composition and
functions:
- Structure and Composition
The IPU shall be headed by the Deputy Commission for Intelligence
and Enforcement Group. It shall have two general sections under
it, namely, the IP Data Coordination Section (Datacor) and the
IP Investigation and Prosecution Section (Prosec). The Datacor
shall be headed by the Chief Intelligence Division of the Customs
Intelligence and Investigation Services (CIIS) and the Prosec
to be led by the Chief, Internal Inquiry and Prosecution Division,
CIIS. The Datacor Head shall be assisted by officers who will
particularly be responsible for handling an IP risk assessment
program, IP data gathering, and IP liaison work. The IPU shall
be supported by a permanent Secretariat to be established by the
IPU Head. The IPU shall be provided with a permanent office at
the IEG.
- Functions
- The IPU shall perform the following functions:
- 1.1 To supervise and monitor the implementation of IP
border control policies set down in CAO No. ______.
- 1.2 To process all applications for recordation of product
or products pursuant to Section II C-1 of CAO No. ______.
- 1.3 To receive and act on request for issuance of alert
or hold order addressed to the Commissioner of Customs and
to record similar requests addressed to the District Collectors
of Customs in case of those filed at the outport. For the
latter purpose, the District Collector of outports shall
furnish the IPU of all requests for alert or hold order
issuance filed in his jurisdiction, including a report of
the action taken thereon and the result thereof.
- 1.4 To investigate upon complaint or motu propio, and
to prosecute, in case seizure is warranted, IPR violations
in the appropriate forfeiture proceedings.
- 1.5 To gather and manage relating to IP enforcement and
run in coordination with the MISTG the IP database system
to be put up pursuant to Section II-F of CAO No. _____.
- 1.6 To coordinate all BOC activities relating to IP matters
- 1.7 To draw up in coordination with HRMD the appropriate
training program on IP border enforcement and control.
- 1.8 To serve as liaison of BOC for the Intellectual Property
Office and other agencies of government concerned with IP
enforcement and the private sector.
- The Datacor Section shall have the following tasks:
- 2.1 To process the request for recordation of product
or products pursuant to Section II-C.1 of CAO No. ____.
- 2.2 To maintain and keep registry records for product
recordation mentioned in the immediately preceding paragraph,
and a logbook for request of alert or hold order issuance
pursuant to section II-C.2 of CAO No. _____.
- 2.3 To recommend to the IPU Head the issuance of alert
or hold order against imports suspected to contain infringing
goods.
- 2.4 To consolidate all laws, regulations, international
agreements, and other literature concerning IP enforcement
in general.
- 2.5 To gather all information relating to IP border enforcement
such as records of all shipments alerted, placed on hold,
seizure, forfeited, or finally disposed of by BOC nationwide.
To collate data pertaining to infringing goods apprehended
by other law enforcement authorities outside the customs
zone.
- 2.6 To identify or profile personalities and modus operandi
of those involved in the importation and distribution of
infringing goods.
- 2.7 To develop in coordination with the MISTG an IP database
support system and a computer-based risk management system
for IP enforcement.
- 2.8 To coordinate with all ports of entry and liaise with
IPO and other law enforcement agencies of government and
the private sector in securing information for IP data build
up.
- 2.9 To act as the technical working group for the IPU
on matters to be referred to it by the IPU Head.
- 2.10 To perform similar or such other functions as the
IPU Head may assign to it.
- The Prosec shall be responsible for:
- 3.1 Investigating IPR violations at the customs border
based on complaints or as directed by the IPU Head in appropriate
cases.
- 3.2 Recommending to the IPU Head, in connection with matters
being investigated pursuant to this Order, the issuance
of alert or hold order against suspected to contain infringing
goods.
- 3.3 Prosecuting the criminal and administrative aspects
of IPR violations at the customs border before the appropriate
departments or agencies or government.
- 3.4 Representing the government in all seizure and forfeiture
proceedings involving imports suspected to contain infringing
goods.
- 3.5 Reporting its regular monthly accomplishment report
to the IPU Head copy furnished the Datacor Section.
- 3.6 To formulate and conduct in coordination with the
HRMD a continuing training program on IP border enforcement
for select customs officers and personnel.
- 3.7 To perform similar or such other functions as the
IPU Head may assign it.
- The IPU Secretariat shall be in charge of the following:
- 4.1 Record all matters discussed in the IPU meetings.
- 4.2 Prepare the minutes of the previous meetings and the
agenda for the succeeding meeting of the IPU Committee.
- 4.3 Notify all members of the IPU of schedule of regular
special meetings and providing them with copies of the minutes
and agenda of such meetings.
- 4.4 Lend clerical support to the Datacor and Prosec Sections.
- 4.5 Perform similar or such other functions as the IPU
Head may assign to it.
- Miscellaneous Provisions
- Upon the effectivity of this Order, the interim IPU shall continue
to function until such time when the regular IPU office is created
by law or by Executive action.
- All records of IP products recordation, and any other pertinent
data or information relating to IP border enforcement officially
held by any Division, office or unit, shall be formally turned over
to the Datacor Section of the IPU within 10 working days from the
effectivity date of this Order. All IP matters under investigation,
including IP related forfeiture cases, shall likewise be formally
turned over to the Prosec Section within 10 days from the effectivity
date of this Order.
- The Datacor Section of the IPU shall immediately act up a meeting
with the appropriate office of the MISTG regarding the development
and maintenance of a IP database system and a computer-based risk
assessment program.
- Effectivity Date
This Order shall take effect immediately upon signing hereof.
Sgd.
ANTONIO M. BERNARDO
Commissioner
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