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MEMORANDUM OF UNDERSTANDING

KNOW ALL MEN BYTHESE PRESENTS:

This Memorandum of Understanding ("MOU") is entered into this _ day of


___ 2013, at Metro Manila, Philippines, by and among the
following parties:

The INTELLECTUAL PROPERTY OFFICE OF THE


PHILIPPINES ("IPOPHL"), a national government agency of the
Republic of the Philippines, with office address at Intellectual Ii A/
Property Center, No. 28 Upper Mckinley Hills Town Center, Fort [2A rv-
Bonifacio, Taguig City, Philippines, represented herein by its /
Director General, RICARDO R. BLANCAFLOR, hereinafter
referred to as the "IPOPHL;"

The LAND TRANSPORTATION FRANCHISING AND


REGULATORY BOARD (ilL TFRB"), a national government
agency of the Republic of Philippines, with office address at East
Avenue, Diliman, Quezon City, Philippines, represented herein by
its Chairman, WINSTON M. GINEZ, hereinafter referred to as the
"LTFRB;"

The LAND TRANSPORT ATION OFFICE ("LTO"), a


national government agency of the Republic of Philippines, with
office address at East Avenue, Diliman, Quezon City, Philippines,
represented herein by its
_____ (designation) (name), hereinafter referred to
as the "LTO;" and

The MOTORCYCLE DEVELOPMENT PROGRAM


PARTICIPANTS ASSOCIATION, INC. ("MDPP A"), a
corporation duly organized and existing under and by virtue of the
laws of the Republic of the Philippines, with business address at
Unit 302, 3rd / f, J ollibee Center, san Miguel, Ave., Ortigas, Pasig
City, represented herein by its President, MR. ALFREDO O.
LEJANO, JR., hereinafter referred to as the "MDPPA;"

The IPOPHL, LTFRB,LTO, and MDPPA shall hereinafter be collectively


referred to as the "Parties."
WITNESSETH:

WHEREAS, under Republic Act No. 8293 otherwise known as the "Intellectual
Property Code of the Philippines ("IP Code")," as amended by Republic Act 10372,
the IPOPHL is the lead agency in the country mandated to implement state policies
on intellectual property (IP);

WHEREAS, Section 5.1 (g) of the IP Code mandates IPOPHL to "coordinate with
other government agencies and the private sector efforts to formulate and
implement plans and policies to strengthen the protection of intellectual property
rights in the country;"

WHEREAS, under Section 5 (c) paragraph 2 of Executive Order No. 1011, the
LTFRB and LTO (formerly the Land Transportation Commission), are likewise
tasked to "coordinate and cooperate with other government agencies and other
f JfJ/
entities concerned with any aspect involving public land transportation services
with the end in view of effecting continuing improvement of such services;"

WHEREAS, recent trends show that due to lack of proper knowledge on the
dangers of using fake replacement automotive parts, public motorists are sometimes
migrating to independent workshops or other service providers who offer copies of
the original part at a cheaper price;

WHEREAS, various scientific researches and studies have shown that these fake
vehicle parts are unsafe to the environment, pose a greater danger to the health and
safety of the driver and passengers, and affect the vehicle's original condition,
decrease its value and in some cases, increase the car's fuel consumption;

WHEREAS, the parties recognize the need to increase awareness of the health
and safety hazards of counterfeit vehicle parts among the public through a road
safety program consisting of information drives and educational campaigns;

WHEREAS, the road safety program will seek to raise consumer and market
trader awareness of IP crime as well as warning would-be buyers and sellers of
counterfeit automotive goods of the real cost - not only in terms of economic
damage but also the risks to health and safety;

NOW THEREFORE, the parties mutually enter into this MOU and bind
themselves, as follows:

I. OBJECTIVE

The purpose of this Memorandum of Understanding ("MOU") is to set out a


framework of cooperation and collaboration among the parties to launch a
nationwide campaign in order to increase the awareness of the public with respect to
the safety and health hazards of the use of counterfeit motor vehicles as well as
automotive parts and accessories with the end in view of effecting a continuing
improvement of road safety and public transportation services.

II. ROLE OF THE IPOPHL

The IPOPHL shall:

1) Provide the necessary technical support, information materials, and/or fI/


capacity building seminars or workshops, in coordination with right hOlders'r
with regard to basic IP and product orientations necessary in identifying
counterfeit motor vehicles, automotive parts, and accessories; and

2) Arrange and facilitate exchange of visits, training programs, and relevant


information to increase the awareness level on the dangers of purchasing and
using counterfeit vehicle parts among public utility operators, drivers, and
the commuting public.

III. ROLE OF THE LTFRB

The LTFRB is the government agency responsible for promulgating,


administering, enforcing, and monitoring compliance of policies, laws, and
regulations of public land transportation to ensure that the commuting public has
adequate, safe, convenient, environment-friendly and dependable public land
transportation service. It shall:

1) Assist in the dissemination of notices and materials, through its offices


nationwide, with respect to the training programs, seminars and information
drives regarding the harmful implications of using fake vehicle parts;

2) Collaborate with all the parties of the MOU in organizing information drives,
educational campaigns, training workshops, seminars, and the like for public
utility operators, drivers and the public in general;

IV.ROLE OF THE LTO

The LTO is the government agency tasked, among others, to perform inspection
and registration of motor vehicles, issue licenses and permits, enforce of traffic rules
and regulations, adjudicate traffic cases, and collect revenues for the Government. It
shall:

1) Assist in the dissemination of notices and materials, through its offices


nationwide, with respect to the implemented training programs, seminars

3~
and information drives regarding the harmful implications of using fake
vehicle parts; and

2) Collaborate with all the parties of the MOU in organizing information drives,
educational campaigns, training workshops, seminars, and the like for motor
vehicle owners, drivers, and the public in general;

V. ROLE OF THE MDPPA

The MDPPA is an association of motorcycle manufacturers and assemblers in the !)AjIJ/


Philippines. It shall: /

1) Assist in the dissemination of notices and materials, through its members,


with respect to the implemented training programs, seminars and
information drives regarding the harmful implications of using fake vehicle
parts;

2) Collaborate with all the parties of the MOU, and directly with stakeholders, in
organizing information drives, educational campaigns, training workshops,
seminars, and the like for motor vehicle owners, drivers, and the public in
general through motor shows, trade fairs, and other events;

3) Charter initiatives, programs, and project proposals to cultivate and promote


good practices among consumers of motor vehicle parts and accessories
aimed at eradicating patronage of fake products.

VI. OVERSIGHT

For purposes of overseeing the activities and responsibilities contained in this


MOU, the IPOPHL Director General, LTFRB Chairman, LTO Chairman, and
MDPPA President will conduct quarterly oversight meetings supported by their
representatives in order to determine the progress of its implementation.

VII. EFFECTIVITY

The provisions of this MOU shall take effect upon signing by the parties.

VIII. DURATION AND MODIFICATION/TERMINATION

This MOU shall terminate upon the expiration of three (3) years from its effective
date as specified in the preceding paragraph.

\
, .

This MOU may be modified upon the written consent of the all parties
concerned. Any party, upon thirty (30) days written notice to the other, may
terminate this MOU.

IN WITNESS WHEREOF, we have hereunto affixed our signature to this MOU


this of 2013,at Philippines.

INTELLECTUAL PROPERTY OFFICE LAND TRANSPORTATION


FRANCHISING AND REGULATORY
BOARD

By:

RICARDO R. BLANCAFLOR
Director General

LAND TRANSPORTATION OFFICE MOTORCYCLE DEVELOPMENT


PROGRAM PARTICIPANTS
ASSOCIATION,INC
By: By:

ALFRE 0 O. LEJANO, JR.


President

Signed in the presence of:


\

ALLAN B. GEPTY
Deputy Director General Executive Director