The incident stemmed from a viral post of one Jovinal Dela Cruz whose luggage was damaged and some contents were missing at Clark International Airport. Consequently, CIAC reported last Thursday that appropriate measures were undertaken and that six ground handlers were placed under preventive suspension and now face criminal charges after being involved in the reported pilferage. Miascor, the employer of the involved suspects also compensated Dela Cruz for the lost items amounting to P82, Siguro ang isang dapat palakihin dito is the action that CIAC did which I congratulated this morning si Alex, tinawagan ko pare thank you for the fast action.
The term IPR in Indonesia is limited only to trademark and copyright. There are two approaches set out by the Customs Law, judicial and ex-officio.
Regional analysis. Analysis of APEC (pdf); Analysis of ASEAN (pdf); About the OECD trade facilitation indicators. The OECD trade facilitation indicators cover the full spectrum of border procedures, from advance rulings to transit guarantees, for countries across income levels, geographical regions and development stages. The May issue of APEC Regional Trends Analysis begins with a theme chapter on Trade, Policy, and the Pursuit of Inclusion. Taking a cue from APEC Leaders’ statements in and , this issue is the third in a series focusing on the impacts of globalisation and how to enhance inclusion in the region. iii Reference for citation: McIlgorm, A., Campbell H. F. and Rule M. J. (). Understanding the economic benefits and costs of controlling marine debris in the APEC region (MRC 02/).
In the judicial approach, the owner of the right has to ask the Court to issue a written order to Customs to temporarily suspend the release of the specific goods suspected as infringing IPR. Upon the receipt of the written order, Customs will suspend the release of the goods for a period of ten days, Apec regional paper which the owner of the rights has to make legal action in the Court against the owner of the goods.
If the ten days passed without the Court extending the period of suspension, Customs will release the goods. Meanwhile, in ex-officio approach, Customs will make the suspension based on his own professional judgement. The owner of the rights as well as the owner of the goods will be advised of the action.
Full implementation of these articles is hampered by two factors: First, we still have no Government Regulation that is specifically required by Law for providing detailed procedures that would Apec regional paper used by Customs, the Court, owner of the rights and the owner of the goods.
Detailed procedures are supposed to, for example, set the type and amount of security. Apec regional paper, there is a conflict of jurisdiction.
Facing the problems above, Customs tends to approach intellectual property rights issues using general customs enforcement procedures.
Since most of the IPR cases are also cases of miss declaration or false declaration, this approach is working quite well. Currently, the Government is in the process of amending Customs Law number 10 Year One of the propsed ameded articles are those related to intellectual property rights.
It is expected that once the ameded Customs Law is passed, implementation of Customs enforcement will be in full speed. In addition to the specific article concerning intellectual property, Customs also enforces Government Regulation concerning Optical Disc media.
In this regulation, import of machines, tools, end products relating to optical dis can only be made by specific registered importers. The regulation is very effective in filtering the in flow of polycarbonate and the specific injection machines used by clandestine optical disc plants. Japan Customs It is stipulated in Article 69, Paragraph 8 of the Customs Law that goods shall not be imported which infringe on patent rights, utility model rights, design rights, trademark rights, copyrights, neighbouring rights, circuit layout rights and plant breeders' rights and which violate the Unfair Competition Prevention Law.
Enforcement system The current law enforcement at borders Customs control areas deploys officers in charge of IPR at the major Customs offices throughout Japan. Specifically, law enforcement is done as follows: Enforcement through application for import suspension Right holder of patent rights, utility model rights, design rights, trademark rights, copyrights, copyright-related rights or plant breeder's rights may lodge applications with the Director-General of Customs for import suspension, stating the type of the right involved, the name of the cargo which are recognised as infringing on the right and its reason, the desired period of effective application less than two years and attaching evidences attesting the fact of infringement such as features of the genuine article and infringing article.
Specific procedure of lodging application for import suspension An application for import suspension is to be submitted to a special investigator for IPRs at the nine Regional Customs headquarters.
However, an application for import suspension requests to be enforced in two or more regional Customs, should be filed in one of the Customs.
The number of copies of the application for import suspension is at most nine copies, in case it is filed to the nationwide Customs.
|INTELLECTUAL PROPERTY RIGHTS (IPR) ENFORCEMENT STRATEGIES - SUB-COMMITTEE ON CUSTOMS PROCEDURES||SAARC also has about 17 recognised bodies. Political dialogue is often conducted on the margins of SAARC meetings which have refrained from interfering in the internal matters of its member states.|
|Clark Development Corporation||It has its headquarters in Singapore sine the year|
|Regional Reports | WTTC||The theme chapter discusses what inclusion means operationally in terms of equalising access to opportunities, what policies might contribute to inclusion, and how inclusion has been incorporated into trade policy. It concludes with notes on implementation issues, pointing out the need to focus resources, monitor progress, and sustain efforts.|
A certified copy of the official registration of the right, official gazette and a sample or a photo of the genuine goods and the infringing goods are to be attached to each application for import suspension. Identification Procedure When Customs officials discover suspicious cargo, the importer and the relevant right holders are notified of the discovery, and the identification procedure begins.
As a practical guideline, the procedure is to be completed within a month. The importer and the right holder can state their views on the respective cases by submitting evidences within 10 working days from the day after the notice of the beginning of the identification procedure.
This 10 working day limit can be extended by a request from parties concerned with proper reasons. In cases where evidence submitted by the importer or the right holders or other evidence used in the identification procedure are to become the base of decision making, copies of this evidence shall be provided to the other party concerned in order for them to state opinions on the evidence.
Inspections of the suspected cargo by the importer or the applicant of the relevant application shall be done within the Customhouses or bonded areas with the presence of officers in charge of IPRs. The applicant can conduct an overhaul inspection of samples of the suspected cargo for which infringement cannot be determined from their appearance under given conditions.
In case the suspected cargo is identified as infringing IPRs or as not infringing, the decision by the Director-General of Customs and the reason are notified to the importer and the right holder. In case the importer does not protest against the decision on infringement by the Director-General of Customs during the protesting period two monthsor in case he does not voluntarily dispose the infringing goods, they shall be confiscated and destroyed by the Customs.
Customs adopted a mechanism where the Customs consult experts, as appropriate, regarding the application for import suspension and the identification procedures. Security for import suspension When opinions on suspected cargo of the applicant and importer contradict, seeming it difficult to identify whether it infringes IPRs or not, the Director-General of Customs orders to the applicant to provide a security or equivalent assurance sufficient to protect the importer within 10 days.
The amount of the security to be deposited is to be computed by totalling the storage charge during the identification procedure, the loss of profit and other damages. The applicant deposits money, etc. Special measures for patent rights, utility model rights or design rights.
The holder of patent right, utility model right or design right whose application was accepted, when the identification procedures are commenced for the goods relating to the application, within the period until the day when at most 20 working days accounted from the day when he received the commencement notification have passed, may request the Director-General of Customs to hear the opinion of the Commissioner of Patent Office with respect to the technical scope, in connection with whether or not the goods infringe his own patent right, utility model right or design right.
The Commissioner of Patent Office shall give his opinion in writing within 30 days beginning from the day when he was asked for the opinion.may have heralded the beginning of a new Sino-centric regional order. Understanding the Problem. While addressing the Asia-Pacific Economic Cooperation forum, Secretary of State Colin Powell warned that "no threat is more serious to aviation" than man-portable air defense systems (MANPADS).
At the first SCCP meeting in Vietnam , economies committed to compiling an inventory of IPR enforcement activities of APEC members. This document is intended as a reference tool for customs administrations and businesses in the APEC region. WTTC's Economic Impact Analysis of all the Regions of the World, including the G20, APEC, OECD, OAS, SADC, and a World Report.
Trade, Investment and Innovation are powerful engines for growth and sustainable development. The expansion of trade across the Asia-Pacific in recent years has been a key driver of economic dynamism and rising prosperity.
Regional Comprehensive Economic Partnership (RCEP) is a proposed free trade agreement (FTA) between the ten member states of the Association of Southeast Asian Nations (ASEAN) (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, Vietnam) and the six Asia-Pacific states with which ASEAN has existing free trade agreements (Australia, China, India, .