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MEMORANDUM OF AGREEMENT AMONG THE INTELLECTUAL PROPERTY OFFICE PHILIPPINES OPTICAL MEDIA BOARD - MANILA INTERNATIONAL AIRPOR T AU T HORI TY

This Agreement,

made and e x ecuted

th i s 31 s t day

of August

2011 ,

i n

the City of Pasay, Philippines, by and among:

 

THE

INTELLECTUAL

PROPERTY

OFFICE

OF

THE

 

PHILIPPINES (IPOPHL), a government agency mandated to

implement the provisions of R epublic Act No . 8293, also know n

as the Intellectual

Prope r ty

Code of the Phil i ppines

(IP Code),

with office address

at No. 2 8 U pper Mckinley Road, Mckinley

Town Center,

Fort Bonifacio ,

T aguig City ,

Phil i ppines,

here i n

represented by its Director Gene r al , Atty . Ricardo R.

Blancaflor, and here i nafte r referred t o as "IPOPHL";

 

THE OPTICAL MEDIA BOARDI ( OMB), a government agency

 

created and ex isting

under and by virtue of Republic Act No. 9239

with principal office at 35 Scout L i mbaga Street, Barangay Laging Handa , Quez o n City, Philippines, herein represe n ted by its Chai r man and Chief E x ecutive Officer, Mr. Ronald N . Ricketts ,

and hereinafter refer r ed to as "OMB" ;

 
 

and

THE MANILA INTERNATIONAL

AIRPORT AUTHORITY

 

(MIAA), a government i nstrumental i ty

vested with corporate

powers created and existing under and by v i rtue of E x ecut i ve

Order No . 903 , as amended,

with pr i ncipal office at Ninoy Aquino

International

Airport Comp l e x ,

Pasay City, Philippines,

herein

represented by i ts General Manager, MGEN Jose Angel A . Honrado AFP (Ret), and hereinafter referred to as "MIAA".

hereinafter collectively referred to as "Parties ".

 

WHEREAS, the Parties have agreed to enter into this Memorandum

of

Agreement (MOA) to conso l idate and ' facilitate cooperation for the prevention

and suppression

distribution of pirated and counterfeit products

of

the

i mportation,

exportat i on,

sale, wholesale,

and

NOW THEREFORE , the parties set forth their agreements, as follows :

1 . COMMITMENT OF THE PARTIES

1 . 1 All parties

agree to promote

multi - lateral

cooperation and to develop

relevant

mechanisms and channels aimed at sharing and exchanging

 

information

in

order

to

prevent

and suppress

the

importation,

~

exportation,

sale , wholesa l e, and distribution

of pirated and counterfeit

' - - ~

products .

~.2.AII

parties agree to keep any i nformation

shared under th i s Agreement

classified

as confidential

and to

refrain

f rom disc l osing

any

such

information

to third

parties ,

unless otherwise

agreed by concerned

parties.

1 . 3. No party shall be required to provide or disclose classified information to the other party that will lead to any violation of law or breach of any legal obligation.

2. OBJECTIVES

2.1 . To facilitate cooperation between the parties, .Tn order to prevent and suppress the importation, exportation, sale, wholesale, and distribution of pirated and counterfeit products.

2.2.To strictly enforce the existing laws and regulations with regard to intellectual property rights (IPR) protection, and to increase the effectiveness and efficiency of IPR enforcement.

2.3.To collaborate in identifying new measures to create more complete and systematic mechanisms in order to suppress IPR infringement.

3. FUNCTIONS AND SCOPE OF ACTIVITIES

IPOPHL Agrees:

1 . To communicate and relay the names and contact information of the

parties under this

persons responsible for liaising with the Agreement;

other

2. To develop a practice of information sharing and exchange with the support members of the National Committee on Intellectual Property Rights (NCIPR), pursuant to the campaign against piracy and counterfeiting;

3. To make proposals to the other parties regarding other projects geared towards promoting the protection and enforcement of IPR;

4. To organize regular meetings aimed at reviewing and assessing situations, trends and issues, as ' well as fostering a harmonious relationship between the Parties towards streamlining procedures and ensuring open lines of communication;

5. To respond swiftly and appropriately to a complaint, relevant tip-off, information, and/or lead provided pertaining to the sale, wholesale, distribution, assembly or manufacture of pirated and counterfeit products;

6. To take all necessary action against counterfeiters under the relevant laws;

7. To cooperate with the Parties to this Agreement, to try and find the storage . places used by counterfeiters before dispatch of their counterfeit products to sales points;

8. To work towards the goal of having IPR infringing products seized and confiscated permanently, with the aim of reducing the presence of pirated and counterfeit products in shops, markets, shopping centers, etc.;

To proceed to destroy any pirated and counterfeit products seized, in accordance with applicable laws, and to defray the cost of destruction. Prior to the destruction of such products, to check against the actual

number

coordination with the rights holders; and

of seized goods

and ensure that

they

are all destroyed

in

1D.To improve institutional and personnel capability for IPR implementation by organizing training sessions on IPR for officers and personnel of OMB and MIAA.

OMB Agrees:

1 . To communicate

and relay the names and contact information

for liaising

with

the

other

parties

of the

under this

persons responsible Agreement;

2. To develop a practice of information sharing and exchange with the support members of the NCIPR pursuant to the campaign against counterfeiting and piracy;

3. T o make proposals regarding other projects geared towards promoting the protection and enforcement of IPR;

4. To promptly inform other parties, through its representatives,

of any

suspected counterfeiters of products coming to its knowledge or as a result of its investigation;

5. To examine if the goods seized source of the same;

are pirated,

as well as to identify

the

6. To assist in tracking

sharing

seizures conducted;

with other

down the source

parties

all relevant

of pirated

information

products

seized by

as regards

such

7. To respond swiftly and appropriately

to a complaint,

relevant tip-off,

information, and/or lead pertaining to the sale, wholesale, distribution, assembly or manufacture of pirated products, after the latter shall have complied with the requirements of the parties concerned;

8. To take all necessary action against counterfeiters laws;

9. To cooperate

with the

Parties to this Agreement,

storage places used by counterfeiters counterfeit products to sales points;

before

10. To work towards

the goal of having IPR infringing

under the relevant

to try

and find the

their

dispatch

of

products seized and

confiscated permanently, with the aim of reducing the presence of pirated products from shops, market . s, shopping centers, etc.;

~ .

' ~

~12.

11. To proceed to destroy

any pirated and counterfeit

products seized, in

accordance with applicable laws, and to defray the cost of destruction.

Prior to the destruction

number

coordination with the rights holders;

of such products,

and ensure

that

to check against

they

the actual

in

of seized goods

are all destroyed

To improve institutional and personnel capability for IPR implementation

by organizing training laws and regulations and,

for officers and personnel

sessions on optical

media piracy and relevant

of IPOPHL and MIAA;

13.To deputize,

if necessary,

airport

personnel

to enforce

intellectual

property rights in the jurisdiction of MIAA.

MIAA Agrees :

1 .

To gr a n t access to the autho r ized

representatives

of t he P a rt i es, t o th e

cargo e s b e ing

transported

or about to be transported

to an d f ro m

 

th

e

airport

and t o the cargo x-ray fac i lity

of the

airport , when e v er

t he

re

is

an intellig e nc e report

of a shipment of goods

suspected

to b e p i r at e d o r

 

counterf e it,

to ensure effective enforcement of IPR laws ;

 

2 .

To share

relevant confidential informat i on

to IPOPHL and OMB re lative

to enforc e ment of Intellectual Property R i ghts ;

 

3.

To enforce necessary regulations, orders, and issuances to prevent the entry of pirated and inf r inged goods from others airports of o r ig i n into the MIAA administered a i rports and strengthen enforcement of IP R laws in the country;

4 .

To i mprove institut i onal

and pe r so n nel capability fo r IPR implementation

of MIAA officers and personnel by actively participating i n train i ng

sessions on IPR, laws and optical media piracy, and r elevant regulations to be conducted by IPOPHL a n d OMB personnel .

laws and

5.

To coo r dinate

with

the

Part i es

in the

enforcement

o f

I P R

r e

lated

violations within the airport premises to prevent the occur r ence

the MIAA administered counterfeited produc t s;

of us i ng and

airports

as

entry

point

of

pi r ated

4. OVERSIGHT

For purposes of overseeing the activities and responsibilities

conta i ned

i n

this Agr e ement , the IPOPHL Director General, OMB CEO/Chairman

and the

MIAA General Manager will conduct oversight meetings supported b y t he ir

respective

deputies

i n

order

to

determine

the progress

of

its

implementation .

5. DURATION OF MOA

 

This MOA shall take effect

upon signing

by the Parties ,

and may on l y

be

amended by an instrument

in writ i ng

signed by the Parties.

 

This MOA shall terminate upon written ag r eement of the parties.

The Parties will

pursuant to this Memorandum,

expiration or termination of the MOA .

make

best efforts ' to ' complete

which

may

any projects

undertaken

still

be

i n

progress

upon

Signed this 31 st day of August 2011 at Pasay City, Phi )1 ' PP i nes.

Intellectual Property Office

Atty. Ricar~Blancaflor

Yfr' Director G~neral

Manila Internati~1

i

Optical ~ dia Board

"

i ]

\ r

\J \

h,/AM)

Mr . R(f ar~~ Ricketts

C7 ( ai

an and CEO

Airport Authority

MGEN Jose Angel A Honrado AFP (Ret)

General Manager

p Ot l ) . )

Witn es s e d By:

Int e ll ec ~u

Property Office

/ L ~

~: --- -- =:= =

Manila International

Repub l ic o f th e Ph i lipp i nes

}

~

Op t ical Media Boa r d

~r;

r- - WL. ,

j

City of

MAt< AIl C1TV

} S.s.

ACKNOWLEDG M ENT

 

BEFORE ME, a Notary

Public for and i n the City of

MAK A T I CITY

on

t h is

day o f

. •UG 3 1 Z011

personally appeared the f ol l o wi n g p e rsons :

N A M E

Atty. Ricardo R. Blancaflor Mr. Ronald N. Ricketts

Government Issued ID

IB2 P 4 L

Q

V l B

i D Ft 2 0 1 0 - - 0 0 2

l O %: I' oo r O';;zo/r

- 2 0 1 3

MGEN Jose Angel A. Honrado AFP (Ret) tvtllrA \\') tJ o . 2qr - ~ l.le--fo.Pcc, 2{l IJ

MG. 13N k" "' ro~IO L . ~kU . n~TA

fvi . lkfl

ID NO . ") q)

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LIe i D () - eG 2 . ol1

k now n to m e and to me known as the persons who e x ecu t ed the fo r egoing

Memo r andu m

which thi s a c knowledgment

is their fr ee and voluntary act and deed.

of Agreement

consist i ng

of five (5) pages including

the page i n

is written, and they acknowledged

t o me that this

Doe. No:

1.)f

PageNo.~ Book No. rtl/h Series 2011 .

5 ff'