IP Manila

There are sufficient laws on intellectual property and related matters in the Philippines. The laws now provide stiffer penalties and sufficient basis for civil, administrative and criminal actions against counterfeiters. Despite this, counterfeiting and piracy is continuing primarily due to the profits derive from the illegal activity. It is now easier to make online transactions including ordering from an overseas factories, bank-to-bank payments and shipping thru established conduits. Importing fake goods has become the preferred way to source products as source countries has cheaper labor, material and production costs, weaker IP laws in countries of origin, and the lower costs and risk associated with importing. To add to this, while aggrieved IP owners know that it takes inordinate length of time to prosecute a counterfeiter, and that due to the time and costs involved, fighting back is the only viable course of action.

While technology has enabled counterfeiters to employ modern ways to engage in the illicit trades, better use of technology is adopted too by IP² Manila Associates to fight back. Through the years, based on IP² Manila Associates experiences, it proved that counteractions must be proactive, consistent and unrelenting to fight counterfeiting and piracy.

SOLUTIONS

our services

MARKET SURVEY

Market Survey An anti-counterfeiting campaign typically begins with a market survey to assess the extent and severity of the problem, if it exists at all. This survey facilitates the collection of samples and intelligence on workable leads.

A physical (offline) survey, conducted through actual visits to shops and distribution centers, provides a situationer for a particular area, and allows for the immediate collection of suspect samples for evaluation. This approach enables the initiation of an upstream investigation to identify possible suppliers and sources, as well as to determine the seriousness of counterfeit presence in the locality. This survey can serve as the starting point for the legal process, including the distribution of warning letters, or conducting an information drive.

An online market survey helps determine the presence of counterfeits in a much broader market. It allows for the selection of feasible targets for further actions and the collection of samples for authenticity checks. An online survey can serve as the basis for legal actions, including Take-Down Notices, and can ultimately lead to seizure actions following the legal process.

INVESTIGATION

In cases where suspected major infringers have already been identified, a comprehensive investigation is conducted, which includes: a background investigation to identify ownerships, capitalization and other necessary information. Evidence are obtained in preparation for future enforcement action.

ENFORCEMENT

The investigators facilitate with law enforcement authorities the required pre-raid surveillance activity, and work with the local legal counsel and the judicial courts to make sure that evidence and needed documents are properly presented. Witnesses are provided to aid the obtaining of search warrants. Most important is its active participation during the search and seizure to provide technical skills and the necessary logistics.

ABOUT US

IP² MANILA ASSOCIATES

IP² means “Intellectual Property Information Providers”. The company started operating in year 2000. IP² Manila Associates provides anti-counterfeiting and anti-piracy support to its clients in relation to trademark or copyright infringement, unfair competition, illicit trade, patent protection, mainly by gathering evidence through market surveys and investigations, and coordinating enforcement actions with various law enforcement authorities.

JOHN SACRIZ,

Managing Director

“I have known John when he was a Manager at Pinkerton over 20 years ago. Back then, he pioneered the anti-software piracy raids, and he’s still into it – supervising various types of IP investigations for over 25 years now. After establishing IP² Manila, he has been designing long and short-term anti-counterfeiting programs. Without mentioning the details, I know John has also personally conducted investigative trainings in many other countries in support and as requested by some of his clients. He also organizes training and familiarization program for government agencies in relation to his clients’ products. Some of John’s previous investigations have reached and decided favorably by the Supreme Court, thus his name is mentioned in some IP-related Supreme Court decisions. As an industry leader, he is a constant speaker on issues involving the trivial counterfeit trade. For John, protecting an IP² rights is more than a business, it’s his advocacy.

One little known fact about John is that on a weekend, you might chance upon him climbing a mountain somewhere with his investigators. On another weekend, he and his son may be seen riding off-road bicycles. He is well-known and has close-friendships with many high-ranking police (PNP) and National Bureau of Investigations (NBI) officers, as they grew together, professionally, establishing the country’s pioneering campaigns against counterfeit and piracy trade.”

– Atty. Andre PG Betita, Partner, Betita Cabilao Casuela Sarmiento

JANE DEL MONTE,

Manager-Finance

“Jane, a pioneer in the company like all the managers, initially joined the organization as a secretary. Her years of dedicated and reliable professional works enabled her to assume her current position. Jane is very strict on making sure that investigator only spend on undertakings that do not violate FCPA or British Bribery Act to protect the interests of its company’s clients, and to seeing to it that costs are kept to the minimum for practical purposes. Jane likes gardening on her spare time.”

– Ms. Flor Pinlac, Levi Strauss Philippines, Inc.

ARNEL DAUSAN,

Operations Manager

“Arnel supports the Managing Director by overseeing all aspects of market surveys, investigations and enforcements. A no-nonsense individual, Arnel is dedicated to ensuring that all investigations and enforcements strictly adhere to the legal process, thereby protecting clients from legal complications or trouble. I have known him since he started with IP² Manilá Associates over two decades ago, and his unwavering dedication and the impressive results of his team’s efforts continue to amaze me.

- Atty. Ferdi Negre, Commissioner, Philippine Competition Commission/Former Partner – Bengzon Negre Untalan Intellectual Property Attorneys

INDUSTRY

We encourage clients to let us know as much background information relating to a potential counterfeiting problem, so that we may be able to outline specific course of action, project costs and timetable for completion of work. While there are varying degrees of difficulty and timeline involve, we realize the urgency of every need and keep clients apprised of the progress.

We have provided or actively supporting anti-counterfeiting programs to the following clients:

Alpargatas S.A. (Havaianas)	Longchamp
AstraZeneca Pharmaceutical	Les Laboratories Sevier
Autodesk Asia Pte. Ltd.	Levi Strauss & Co.
Beiersdorf AG	McDonald’s Philippines/Golden Arches
Canon, Inc.	Mitsubishi Motors Corp.
Casio Computer Co., Ltd.	Nestle SA
Cemex Philippines Co.	NGK Japan
Chevron Philippines, Inc.	Novartis
Colgate-Palmolive Phils. Inc.	Pfizer Pharmaceuticals
Dedon Manufacturing, Inc	Phelps Dodge Int’l. (Phils.), Inc.
Galderma	Philip Morris Fortune Tobacco Corp.
Gatsby	The Philippine Stock Exchange
Glaxo Smithkline (GSK)	Phoenix Publishing House
GCS Risk Pte. Ltd.	Procter & Gamble
Honda Motor Co., Ltd.	Rex Bookstore
Hyundai Mobis (Korea)	San Miguel Corp.
Intel Corporation	Sanofi-Aventis Pharmaceuticals
JETRO Manila	SM Investment Corp.
Johnson & Johnson	Trimble/Tekla
Kenneth Cobonpue	Victoria’s Secret
Kraft Foods (Philippines) Inc.	Unilever Philippines
Lafarge Cement Services Philippines, Inc.	Yamaha Japan

We work with the following law firms on IP related matters:

ABES MARIANO AND MALONG	CHAVEZ MIRANDA ASEOCHE LAW
ACCRALAW	CHING LAW OFFICE
AMURAO LAW OFFICES	DCLAW LITIGATION AND INTELLECTUAL PROPERTY ATTORNEYS
E.B. ASTUDILLO LAW OFFICES	ESGUERRA & BLANCO LAW OFFICES
ATINO TAN TALON CACAO ESPINOSA LAW OFFICES	FOLLOSCO MORALLOS & HERC
BENGZON NEGRE UNTALAN IP ATTORNEYS	GANCAYCO, BALABAS & ASSOCIATES LAW OFFICES
BETITA CABILAO CASUELA SARMIENTO LAW	GERODIAS SUCHIANCO ESTRELLA LAW FIRM
DISINI AND DISINI LAW OFFIC	HECHANOVA BUGAY & VILCHEZ
GATMAYTAN YAP PATACSIL GUTIERREZ & PROTACIO LAW	JDF LAW
CARAG CABALLES JAMORA & SOMERA	MCP LAW
CASTILLO LAMAN TAN PANTALEON & SAN JOSE	MISADOR VERZOSA SO & QUIOC LAW OFFICES
CESAR C. CRUZ & PARTNERS LAW OFFICES	PUYAT JACINTO AND SANTOS LAW FIRM
MOSVELDTT LAW OFFICES	QUISUMBING TORRES
OFFICE OF BAGAY VILLAMOR & FABIOSA	SIGUION-REYNA MONTECILLO & ONGSIAKO
ORTEGA BACORRO ODULIO CALMA & CARBONNEL LAW OFFICE	STUART ONG AND ASSOCIATES
PADLAN SALVADOR AND ASSOCIATES	SYCIP SALAZAR HERNANDEZ & GATMAITAN LAW OFFICE
POBLADOR BAUTISTA & REYES LAW FIRM	VIRGILAW

Recent Notable Accomplishments

“An effective anti-counterfeiting and anti-piracy program starts with generating workable leads, whether through market survey, lead generation or intelligence gathering. Once investigations are conducted, and viable targets are identified, IP²Manila Associates collaborate with several government law enforcement agencies. These include the National Bureau of Investigations (NBI), the Philippine National Police (PNP), the Bureau of Customs (BoC), the Food and Drugs Administration (FDA), the Bureau of Internal Revenue (BIR), the local governments and many others including the Armed Forces of the Philippines (AFP). A full-cycle process ends with successful seizure actions. Some notable achievements are illustrated below as references.”

NEWS

Few enforcements operations are covered by the news media due to their sensitive nature and commercial considerations. In many of the media-covered enforcements, IP2 Manila Associates or its personnel are rarely mentioned, as we strictly maintain an anonymous role. Nevertheless, our participation is always considered indispensable. We serve as expert witnesses to obtain search warrants with judicial courts, assist in the actual operations by providing technical and logistical supports, and document the entire process. The following are few samples of enforcement operations covered by the news media that highlight IP2 Manila Associates’ efforts.

BIR Raid in Central Luzon

BIR Raid in San Carlos City

CROCS Raid

QT COO Raid

Nivea and Unilever Raid in Malabon

Bentahan ng mga pekeng libro, sinalakay sa Maynila

Millions worth of cigarettes with ‘fake’ stamps seized in CDO

NBI, BIR seize cigarettes with fake stamps in Cagayan de Oro City

BIR seizes P100M worth of fake cigarettes in Iligan City

Higit P2 bilyon ng sigarilyo na may pekeng stamp, nasamsam sa Pangasinan

Field Yeoman Inc. or simply FYI, formed in 2012, is a subsidiary of IP²
Manila Associates. It is a Philippine-based commercial investigation firm,
specializing on commercial types of investigations in the country.

Services

Background Investigation and Pre-employment Checks
Due Diligence Checks (on possible vendors, distributors and business partners)
Surveillance Operation (vs. Corporate Fraud, Theft, Pilferage)
Skip Tracing (Locating missing person, witnesses)
Records Checks & Research (Property, Travel, etc.) Insurance Claim, Asset & Financial Search Undercover Assignments