----~~-------------------------------------

MEMORANDUM OF AGREEMENT
AMONG THE INTELLECTUAL PROPERTY OFFICE PHILIPPINES
OPTICAL MEDIA BOARD - MANILA INTERNATIONAL AIRPORT
AUTHORITY
This Agreement,
made and executed this 31st day of August
the City of Pasay, Philippines, by and among:

2011,

in

THE
INTELLECTUAL
PROPERTY OFFICE
OF
THE
PHILIPPINES (IPOPHL), a government agency mandated to
implement the provisions of Republic Act No. 8293, also known
as the Intellectual
Property Code of the Philippines (IP Code),
with office address at No. 28 Upper Mckinley Road, Mckinley
Town Center, Fort Bonifacio, Taguig City, Philippines,
herein
represented
by its
Director
General,
Atty.
Ricardo R.
Blancaflor, and hereinafter referred to as "IPOPHL";

THE OPTICAL MEDIA BOARDI (OMB), a government

agency
created and existing under and by virtue of Republic Act No. 9239
with principal office at 35 Scout Limbaga Street, Barangay Laging
Handa, Quezon City, Philippines,
herein represented
by its
Chairman and Chief Executive Officer, Mr. Ronald N. Ricketts,
and hereinafter referred to as "OMB";
and

THE MANILA INTERNATIONAL

AIRPORT AUTHORITY
(MIAA), a government
instrumentality
vested with corporate
powers created and existing under and by virtue of Executive
Order No. 903, as amended, with principal office at Ninoy Aquino
International
Airport Complex,
Pasay City, Philippines,
herein
represented
by its 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 consolidate and 'facilitate cooperation for the prevention
and suppression
of the importation,
exportation,
sale, wholesale,
and
distribution of pirated and counterfeit products
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
mechanisms and channels aimed at sharing and exchanging
relevant
information
in order
to prevent
and suppress
the
importation,
exportation,
sale, wholesale, and distribution
of pirated and counterfeit
products.

~
'--~
~.2.AII

parties agree to keep any information shared under this Agreement

classified
as confidential
and to refrain
from disclosing
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

persons responsible for liaising with the other parties under this
Agreement;
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

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.;

under the relevant

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 of seized goods and ensure that

coordination with the rights holders; and

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

of the
persons responsible
for liaising with the other parties
under this
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.

To make proposals regarding other projects

the protection and enforcement of IPR;

4.

To promptly inform other parties, through its representatives,

suspected counterfeiters
of products coming to its knowledge
result of its investigation;

5.

To examine if the goods seized are pirated,

source of the same;

6.

To assist in tracking down the source of pirated products seized by

sharing with other parties all relevant information
as regards such
seizures conducted;

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
before
counterfeit products to sales points;

geared towards

promoting

of any
or as a

as well as to identify

the

under the relevant

to try and find the

dispatch
of their

10. To work towards the goal of having IPR infringing 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
accordance
Prior to the
number of
coordination

to destroy any pirated and counterfeit

products seized, in
with applicable laws, and to defray the cost of destruction.
destruction
of such products, to check against the actual
seized goods and ensure that they are all destroyed
in
with the rights holders;

To improve institutional and personnel capability for IPR implementation

by organizing training sessions on optical media piracy and relevant
laws and regulations for officers and personnel of IPOPHL and MIAA;
and,
13.To deputize,
if necessary,
airport
personnel
property rights in the jurisdiction of MIAA.

to

enforce

intellectual

MIAA

Agrees:

1.

To grant access to the authorized representatives

of the Parties, to the
cargoes being transported
or about to be transported to and from the
airport and to the cargo x-ray facility of the airport, whenever there is
an intelligencereport
of a shipment of goods suspected to be pirated or
counterfeit, to ensure effective enforcement of IPR laws;

2.

To share relevant confidential information

to IPOPHL and OMB relative
to enforcement of Intellectual Property Rights;

3.

To enforce necessary regulations, orders, and issuances to prevent the

entry of pirated and infringed goods from others airports of origin into
the MIAA administered airports and strengthen enforcement of IPR laws
in the country;

4.

To improve institutional
and personnel capability for IPR implementation
of MIAA officers and personnel by actively participating
in training
sessions on IPR, laws and optical media piracy, and relevant laws and
regulations to be conducted by IPOPHL and OMB personnel.

5.

To coordinate
with the Parties in the enforcement
of IPR related
violations within the airport premises to prevent the occurrence of using
the MIAA administered
airports
as entry
point
of pirated
and
counterfeited products;

4. OVERSIGHT
For purposes of overseeing the activities and responsibilities
contained in
this Agreement, the IPOPHL Director General, OMB CEO/Chairman and the
MIAA General Manager will conduct oversight meetings supported by their
respective
deputies
in
order
to
determine
the
progress
of
its
implementation.

5. DURATION OF MOA
This MOA shall take effect upon signing by the Parties, and may only be
amended by an instrument in writing signed by the Parties.
This MOA shall terminate

upon written

agreement

of the parties.

The Parties will make best efforts 'to 'complete any projects undertaken
pursuant
to this Memorandum,
which may still be in progress
upon
expiration or termination of the MOA.
st

Signed this 31

day of August 2011 at Pasay City, Phi)1'PPines.

i

Intellectual Property Office

Optical ~ dia Board

i]"

h,/AM)
ar~~

Atty. Ricar~Blancaflor

Yfr'

\r
\J \

Mr. R(f

Director G~neral

C7(ai

Manila Internati~1

Ricketts

an and CEO

Airport Authority

MGEN Jose Angel A Honrado AFP (Ret)

General Manager

pOtl).)

Witnessed

By:

Intellec~u

Property

Optical Media Board

Office

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r--WL.,

~r;

Manila International

Republic of the Philippines

City of MAt< AIl C1TV

}
} S.s.

ACKNOWLEDG MENT

this __

BEFORE ME, a Notary Public for and in the City of MAKATI CITY
on
day of
...
UG 3 1 Z011 personally appeared the following persons:
NAME

Atty. Ricardo R. Blancaflor

Mr. Ronald N. Ricketts

Government
IB2P4L

QVlB

iD Ft 2010--002
lO %:I'

MGEN Jose Angel A. Honrado AFP (Ret)

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

Issued ID

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oorO';;zo/r

2013

tvtllrA \\') tJo. 2qr-~ l.le--fo.Pcc,

ID NO.

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LIe iD

2{lIJ

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known to me and to me known as the persons who executed the foregoing

Memorandum of Agreement consisting of five (5) pages including the page in
which this acknowledgment
is written, and they acknowledged
to me that this
is their free and voluntary act and deed.

Doe. No: 1.)f

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

ff'