Implementing Guidelines on Brand Names of Animal Feeds and Veterinary Drug and Products for Registration with the BAI

September 27, 2006

BAI ADMINISTRATIVE ORDER NO. 01-06

IMPLEMENTING GUIDELINES ON BRAND NAMES OF ANIMAL FEEDS AND VETERINARY DRUG AND PRODUCTS (VDAP) FOR REGISTRATION WITH THE BUREAU OF ANIMAL INDUSTRY (BAI)

In relation to pertinent provisions of Republic Act (RA) 1556, otherwise known as the Livestock and Poultry Feeds Act on the registration of animal feeds and RA 3720, otherwise known as the Food, Drugs and Devices and Cosmetics Act and RA 6675, otherwise known as the Generics Act of 1988 on the registration of veterinary drug and products under the jurisdiction of the Bureau of Animal Industry (BAI) as per Joint Memorandum Order in the implementation of the above cited RAs on Veterinary Drug and Products (VDAP) signed by and between the Secretaries of the Department of Health (DOH) and of the Department of Agriculture (DA), these guidelines are hereby issued for the observance of all concerned.

In the process of registration of animal feeds and veterinary drug and products, the DA through the BAI requires the approval of the brand name of products applied for registration. However, issues concerning intellectual property rights particularly patent rights, trade marks, trade names, copyrights, etc. could be addressed competently by either the Intellectual Property Office (IPO) in accordance with the Intellectual Property Code of the Philippines (RA 8293), or by a court of law.

Scope and Coverage:

This Circular covers all locally manufactured and imported animal feed and veterinary drug and products under the jurisdiction of the BAI under RA 1556 and RA 3720 and 6675 as per Joint Memorandum of Agreement with the Bureau of Food and Drugs (BFAD).

Implementing Guidelines

To implement the provisions stated in the said Acts, the DA through the BAI adopts the following guidelines.

1. Basically, any name can be accepted as the brand name of any product for registration. However, to protect various interests, and to avoid confusion among the general public, the following brand names shall not be allowed:

a. Those with political reference;

b. Those with religious significance and inference;

c. Those that are immoral, deceptive, scandalous, indecent or suggestive names;

d. Slang expressions;

e. Names of living person, unless their written expression to use the name is filed with AFSD, but in no case shall the name of a dead person be used;

f. Names with Copyright, such as title of books, plays, moving pictures, popular songs, magazines, etc.;

g. Names similar in spelling or pronunciation or having the same sound to those already in use, regardless of any commodity whether registered or not with the AFSD;

h. Identical prefixes or suffixes with already registered brand names. SDHITE

2. In adherence to the implementation of Generics Act of 1988 (RA 6675), the DA encourages also the non-utilization of brand names and the use of promotion of generic/unbranded names of pharmaceutical products including VDAP for registration.

3. An application for brand names with product for registration shall only be accepted and acceptance of the application should not be equated as an approval.

4. For animal feeds, only a feed manufacturer and an importer can apply for brand name for VDAP, only a VDAP manufacturer, trader and importer can apply for a brand name.

5. In cases where there is a change in the registered brand name, the applicant shall inform the Bureau in writing and the approval will be subject to the existing guidelines.

6. In cases of disputes, interested party shall inform the BAI in writing about issues related to brand name. However, concerns about intellectual property rights over brand name, etc., complaints should be directed to the Competent Authority.

7. Internationally known brand names but are not yet registered locally will be given preference depending on its registrations with the IPO and the provisions of RA 8293.

8. In case of brand name carried by a local product which is registered ahead of an internationally known and a registered product, the product will carry the initial of the country of origin; e.g. Ph for local products, or USA, or UK, etc. for imported products and will also depend on the registration with the IPO as per RA 8293.

This Order shall take effect fifteen (15) days after approval.

Adopted: 27 Sept. 2006

 

(SGD.) DAVINIO P. CATBAGAN, DVMOfficer-in-Charge