IPOPHL lauds BOC-Port of Subic for seizing P240 million worth of fake apparel

July 14, 2023 | This story was updated on August 3, 2023 to adjust the latest estimated seizure value of P557.3 million from the preliminary estimate of P240 million.

The Intellectual Property Office of the Philippines (IPOPHL), acting chair of the National Committee on Intellectual Property Rights (NCIPR), lauded its member, the Bureau of Customs (BOC), specifically the BOC-Port of Subic, after it had intercepted P557.3 million worth of counterfeit wearables. 

A total of 1,252 cartons carried logos of mainstream brands, such as Adidas, Nike, H&M, Uniqlo, Zara, Cotton-On, Shein and even the homegrown brand Bench. Others were also labeled with the luxury fashion house names, such as Gucci, Lacoste, Louis Vuitton, Armani Exchange and Balenciaga Paris.

The fake wearables, shipped in two container vans originating from Dhaka, Bangladesh, were to be sent to a consigned group called Bonne Volonté Consumer Goods.

“The transaction violates Section 155 of Republic Act 8293  or the Intellectual Property (IP) Code of 1997 in relation to Section 1113,  Paragraph (f), of RA 10863 or the Customs Modernization and Tariff Act (CMTA) of 2016,” IPOPHL’s IP Rights Enforcement Office (IEO) Supervising Director Christine Pangilinan- Canlapan said. 

Sec. 155.2 of the IP Code prohibits anyone from reproducing, counterfeiting, copying or colorably imitating a registered mark or a dominant feature used on labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce or in connection with the sale, offering for sale, distribution, or advertising of goods or services. Meanwhile,  Section 1113, Paragraph (f), of the CMTA permits the seizure of illegal goods imported or exported and whose shipment is used as an instrument to violate the law. 

IEO Chief Marlita I. Vallestero-Dagsa, Intellectual Property Rights Specialist Ms. Janette J. Payoyo, and Technical Consultant Atty. Rolando L. Somontina Jr.  were present at the Customs’ examination of the goods on June 26, 2023. 

“We laud the BOC’s Port of Subic for its vigilance and unrelenting efforts to foil counterfeiters and prevent counterfeit goods from pervading our local markets.” Director General Rowel S. Barba said. He expressed gratitude to Customs Commissioner Bienvenido Y. Rubio; Deputy Commissioner for Intelligence Group Juvymax R. Uy; Port of Subic District Collector Carmelita M. Talusan; Subic Bay Metropolitan Authority Chairman and Administrator Jonathan D. Tan and Customs Intelligence and Investigation Services Director Verne Y. Enciso.

“We hope the Customs’ successful action here serves as a lesson to all the violators out there: focus your energy on legitimate activities rather than bring harm to society. You are only risking your business to see your capital down the drain, just like what has happened to the makers and traders of these fake shirts,” he added.

Last year, Customs seized P7.7 billion worth of counterfeit goods, making it the second biggest type of smuggled goods forfeited by the agency by estimated market value after illegal drugs. 

In 2021, the whole of NCIPR booked a record haul of P24.9 billion worth of counterfeit products. Cigarettes and alcohol made up the bulk, followed by handbags, wallets and footwear products.

The NCIPR is a 15-member body led by the Department of Trade and Industry. It is mandated to craft and implement policies that strengthen the protection and enforcement of IP rights in the country. 

Aside from the BOC, its membership is composed of the Department of Justice, Food and Drug Authority, National Bureau of Investigation, Philippine National Police, Optical Media Board, National Book Development Board, Office of the Special Envoy on Transnational Crime, Department of the Interior and Local Government, National Telecommunications Commission, Department of Information and Communications Technology, Bureau of Internal Revenue and the Bureau of Immigration. # # # (Janina Lim, Information Officer III)