Customs recordation has become increasingly relevant due to the growing volume of goods entering the Philippines. The Philippine Statistics Authority found imports reached USD134.2 billion in 2025, an increase of 5.2% from the previous year. From January to April 2026, total imports increased by about 14%, reaching USD49.22 billion, from USD43.36 billion during the same period in 2025.
Trademark enforcement is not limited to actions before the Intellectual Property Office of the Philippines (IPOPHL) or the courts. For brand owners facing imports of counterfeit or infringing goods, recordation of intellectual property rights (IPR) with the Bureau of Customs (BOC) provides an additional layer of protection by enabling customs authorities to prevent such goods from entering the country.
Section 155 empowers customs action
Associate
Federis & Associates Law Offices
Section 155 of the Intellectual Property Code (IPC) prohibits the unauthorised use in commerce of any reproduction, counterfeit, copy or colourable imitation of a registered mark in connection with the sale, offering for sale, distribution or advertising of goods, including preparatory steps necessary to carry out such activities. Importing counterfeit or infringing goods intended for distribution in the Philippines constitutes infringement, even before the goods are sold.
The BOC has established procedures allowing IPR holders to record their rights with customs. Under Customs Administrative Order No. 6-2002, an application requires a letter of intent addressed to the BOC commissioner and the BOC-Intellectual Property Rights Division (BOC-IPRD) chief, an affidavit of ownership or proof of authority to act for the rights holder, and certified copies of the relevant IPOPHL certificates of registration.
The applicant must also submit the prescribed BOC forms on the products and importers, suppliers, brokers, distributors and warehouses, together with a sufficient description and, where available, product samples covered by the IPR. Rights holders may likewise identify persons or entities authorised or unauthorised to import or distribute their products.
When potentially counterfeit goods are identified, the BOC-IPRD contacts the rights holder or its authorised representative using the contact information in the application form submitted during the recordation or renewal of the IPR. This enables the rights holder to co-ordinate with the BOC and assist in determining whether the goods are genuine or infringing.
Recordation enables effective border enforcement
Customs recordation does not create substantive rights. Those rights arise under the IPC. Recordation operationalises these rights at the border by providing the BOC with actionable information to distinguish legitimate imports from suspected counterfeit goods.
Once an IPR is recorded, the BOC may, on its own initiative, monitor and inspect suspected infringing imports to determine whether they are subject to seizure and forfeiture under customs rules. The information provided through recordation assists customs officers in identifying and intercepting potentially infringing shipments. The effectiveness of border protection depends on the quality of information supplied to the BOC. Therefore, brand owners should provide clear information on their registered rights, products and authorised supply chains, together with available intelligence on known counterfeit products, unauthorised importers, shipping routes, packaging discrepancies and other distinguishing features.
Recordation covers multiple IPR types
Customs recordation is not limited to trademarks. It extends to other IPR such as copyright and related rights, patents, industrial designs and geographical indications. Not every IPR owner necessarily requires customs recordation. Its value is greatest where there is a significant risk of counterfeit or infringing goods being imported into the Philippines. Consumer products are obvious candidates. Fashion goods, footwear, cosmetics, electronics, automotive parts and other branded products commonly counterfeited can benefit from border protection.
Recordation may also be useful when the rights holder has identified counterfeit or infringing products being sold in the Philippines and has reason to believe that these products originate overseas. For companies facing only an isolated dispute involving a local business using a confusingly similar mark, an opposition, infringement action or cease-and-desist letter may be more appropriate.
Recordation prevents infringement before distribution
For multinational companies, the principal advantage of customs recordation is preventiveness. Once counterfeit or infringing goods enter the domestic market and are dispersed among distributors, resellers and online merchants, enforcement becomes more difficult and costly. Border enforcement allows rights holders to intervene earlier in the supply chain.
Customs recordation complements conventional IP enforcement. When combined with trademark registration, marketplace monitoring and appropriate administrative or judicial action, customs recordation provides an effective additional layer of protection.
Ernest Luigi A Manzanares is an associate at Federis & Associates Law Offices
FEDERIS & ASSOCIATES LAW OFFICESSuites 2002 to 2006, 88 Corporate Centre,
Valero St, Salcedo Village,
Makati City 1227, Philippines
www.federislaw.com.ph
Contact details:
T: +632 8 889 6197 98
E: emanzanares@federislaw.com.ph
