A Patent, Trademark and Copyright Register has recently been established by the Philippine Bureau of Customs (Bureau) to enable intellectual property owners to record their rights and thereby assist Customs Officers in preventing the importation of infringing goods.

The owner of a patent, trademark registration or copyright may file a written request with the Commissioner of the Bureau for the issuance of a "hold order" in respect of shipments suspected of containing counterfeit goods to bar their release. The Bureau also maintains an "alert list" of persons known or suspected to be infringing intellectual property rights and, on the basis of the list or upon written request by the patent, trademark or copyright owner, the Bureau may issue "alert orders" in respect of shipments suspected of containing counterfeit goods.

Such goods are examined by Customs Officers who may then recommend to the Collector of Customs that the goods be seized if there is a prima facie case of infringement. The owner of the patent, trademark or copyright may intervene during the seizure proceeding and present evidence to prove infringement, which may result in the forfeiture and destruction of the infringing goods.

This development is important as it serves to increase the protection afforded to intellectual property owners in the Philippines.