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Optical Media Act of 2003 R.A. 9239
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Optical Media Act of 2003
Optical Media Act of 2003
R.A. 9239
An act regulating Optical Media, reorganizing for this purpose the Videogram regulatory board, providing penalties therefor, and for other purposes
Article I
ARTICLE I
General Provisions
Section 1
Short Title
Section 1
Optical Media Act of 2003
Section 2
Policy
Section 2
- regulate the manufacture, mastering, replication, importation and exportation of optical media
Section 3
Definition of Terms
Section 3
Economic Zone
- Special Economic Zones, Industrial States, Export Processing Zones, Free Trade Zones
IP Code
- R.A. 8293
License
- authority grant
Magnetic Media
- a storage medium or device
Manufacture
- act or business of producing optical media
Manufacturing Equipment
- all equipment intended for production of optical media
Section 3
Definition of Terms
Manufacturing Material
- any material suitable for manufacture of optical media
Mastering
- act of producing a stamper intended for the manufacture of optical media
Optical Media
- a storage medium of device
OMB
- the Optical Media Board
Replication
- the process of generating copies
Source Identification Code (SID Code)
- a system of codes to identify the source of all optical media
Article II
ARTICLE II
The Optical Media Board
Section 4
Reorganization
Section 4
the Videogram Regulatory Board (VRB) is reorganized into the Optical Media Board (OMB)
Section 5
Coverage
Section 5
the authority of the OMB shall cover the entire territory of the Republic of the Philippines
Section 6
The Board
Section 6
the OMB shall be composed of four (4) ex officio members
five (5) regular members to be appointed by the president
- the Chairperson shall be appointed by the President from the regular members
- the members of the Board shall elect from among themselves the Vice-Chairperson
ex officio members
ex officio members
- Secretary of the Department of Trade and Industry (DTI)
- Secretary of the Department of the Interior and Local Government (DILG)
- Secretary of the Department of Finance (DOF)
- Director-General of the Intellectual Property Office (IPO)
or their duly authorized representatives with a rank not lower than the assistant secretary
regular members
regular members
- three (3) representatives from private sectors
appointed from an identified industry relying on intellectual property protection
- one (1) representative from the consumer organizations
- one (1) representative from the academe
the regular members shall be nominated by their nationally recognized associations or organizations
term
the Chairperson and the regular members of the Board
- three (3) years
- not more than two (2) consecutive terms
if any member fails to complete his or her term, the person appointed to fill the vacancy shall serve only for the unexpired portion of the term
Section 7
Qualifications
Section 7
Regular Members:
- Filipino citizens
- at least twenty-one (21) years old
- of good moral character and standing in the community
- with proven competence in the industry they represent
Chairperson:
- at least thirty-five (35) years old
- managerial and administrative competence
at least two (2) members of the board must be members of the Philippine Bar
Section 8
Compensation
Section 8
Chairman
- based on current approved standardized government compensation
Vice-Chairperson and members
- based on existing government accounting and auditing rules and regulations
Section 9
Meetings
Section 9
- meet regularly at least once a moth or as often as necessary at the call of the Chairperson
- the Board shall constitute a quorum to do business.
Section 10
Powers and Functions of the OMB
Section 10
(a) formulate and implement necessary policies and programs
(b) evaluate the qualifications of any individual, establishment or other entity to engage in optical media
(c) supervise regulate, grant, or renew licenses for specific periods, or deny, suspend, or cancel the same
(d) conduct inspections; the agents of the OMB shall be considered agents in authority
Section 10
Powers and Functions of the OMB
(e) apply for or obtain search warrants from any court of law if the OMB has reasonable ground to believe that there are evidence of violation of the provisions of this Act
(f) act as complainant in the criminal prosecution of violators of this Act
(g) hear and resolve administrative cases against violators, impose administrative sanctions, issue subpoena or subpoena duces tecum
Section 10
Powers and Functions of the OMB
(h) call upon law enforcement agencies and the managing authorities for implementations and enforcement of its decisions, orders, rules and regulations
(i) to deputize, whenever necessary, to help monitor compliance with and report to the OMB any violation of this Act
(j) require anyone engaged in the activities in Section 13 to keep and maintain for a period of at least five (5) years true and complete records of all activities related to the conduct of its business
Section 10
Powers and Functions of the OMB
(k) levy, assess and collect, and periodically adjust and/or revise the rates of fees and charges for the issuance of licenses
(l) establish support offices as may be necessary
(m) create and maintain a database which may be referred to during enforcement and/or seizure
(n) prescribe the internal and operational procedures
(o) exercise such other powers and functions as may be necessary of purposes and objectives of the Act
Section 11
Chief Executive Officer
Section 11
Chairperson of the Board shall be the Chief Executive officer (CEO) with the following powers and functions:
(a) execute and administer the policies, decisions, orders, resolutions and the rules and regulations issued by the Board;
(b) establish the internal organization and administrative procedures of the OMB
Section 11
Chief Executive Officer
(c) direct and supervise the operations and the internal affairs of the OMB
(d) submit an annual budget to the Board
(e) delegate his or her authority, in whole or in part, to other members of the Board
(f) perform such other powers and functions as may be authorized by the Board or the President
Section 12
The OMB Secretariat
Section 12
Secretariat:
- headed by an Executive Director
- assist the Chairperson/CEO
Article III
ARTICLE III
Licensing and Other Regulatory
Provisions
Section 13
Licensing and Registration
Section 13
Any person, establishment or entity shall register and secure the appropriate licenses from the OMB if engaged in one or more of the activities enumerated below:
(a) importation, exportation, acquisition, sale or distribution of optical media, manufacturing equipment, parts and accessories and manufacturing materials
(b) possession or operation of manufacturing equipment, parts and accessories
(c) the mastering, manufacture, replication, importation or exportation of optical media
Section 14
Form, Term, Amendment and Renewal of License
Section 14
Requirements:
- every license shall be in a form prescribed by the OMB
- shall be valid for a period of three (3) years
The OMB may amend or renew a license upon application.
Failure to register and obtain a license from the OMB shall automatically cancel any permit, license or registration.
Section 15
Grounds for Non-issuance or Non-renewal of License
Section 15
The OMB may refuse to grant a license, or to renew a license, upon the following grounds:
(a) the applicant has failed to comply with any requirement imposed by the Board
(b) the applicant is convicted by final judgment of an offense under this Act or any law relating to the protection of intellectual property rights
Section 15
Grounds for Non-issuance or Non-renewal of License
(c) the application involves a place where an offense has been committed under this Act or under any law relating to the protection of intellectual property rights
(d) the applicant has furnished the OMB with any false or misleading information
(e) The applicant has been previously issued a license that has been canceled for cause within the preceding five (5) years from the date of the application
Section 16
Grounds for Suspension or Cancellation of License
Section 16
The OMB may suspend or cancel a license on any of the following grounds:
(a) when requested by the license holder
(b) when the license holder has ceased to engage in the activities authorized under the license
Section 16
Grounds for Suspension or Cancellation of License
(c) when the license holder has been convicted of an offense under this Act or under any other Law relating to the protection of intellectual property rights
(d) when the license holder is in breach of, or is unable to comply with any of the conditions prescribed in the license