- Title I – General Provisions
- Title II - LICENSING AND REGULATION
- Rule 1 – Registration
- Rule 2 - Licensing
- Section 1. Licensing.
- Section 2. Licensing Regarding Optical Media.
- Section 3. Licensing Regarding Manufacturing Equipment.
- Section 4. Licensing Regarding Manufacturing Materials.
- Section 5. Licensing Fee.
- Section 6. Surcharges and Penalties.
- Section 7. Conditions Precedent.
- Section 8. Form and Term of Commercial License.
- Section 9. Automatic Cancellation of permits, license or registration.
- Section 10. Amendment of Commercial License.
- Section 11. General Terms and Conditions of a Commercial License.
- Section 12. Specific Terms and Conditions of Commercial License/s to Master, Manufacture, Replicate or Duplicate Optical Media.
- Rule 3 - Grounds for Non-issuance or Non-renewal of Commercial License
- Rule 4 - Grounds for Suspension or Cancellationof Commercial License
- Rule 5 - Provisions Common to Licensing and Registration
- Rule 6 – Inspections
- Rule 7 – Preventive Custody
- Rule 8 – Reportorial Requirements
- Section 1. Keeping of Records.
- Section 2. Nature of Records relating to Manufacturing Equipment and Manufacturing Materials.
- Section 3. Nature of Records relating to Job Orders for the Mastering, Manufacture, Replication or Duplication of Optical Media.
- Section 4. Production or Submission of Records.
- Section 5. Submission of Samples.
- Title III - SOURCE IDENTIFICATION CODES
- Title IV – ADMINISTRATIVE OFFENSES AND PENALTIES
- Title V - TRANSITORY PROVISIONS
- Title V - Final Provisions
RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9239, OTHERWISE KNOWN AS THE “ OPTICAL MEDIA ACT OF 2003.”
Whereas, it is the declared policy of the State to ensure the protection and promotion of intellectual property rights.
Whereas, the unregulated mastering, manufacturing, replication, importation, and exportation of optical media in all forms are inimical to economic growth and public interest.
Whereas, there is a need for the State to institute the means to regulate the manufacture, mastering, replication, importation and exportation of optical media.
NOW, THEREFORE, pursuant to Section 34 of Republic Act No. 9239, the following rules and regulations are hereby promulgated:
Title I – General Provisions
Rule 1-Title
Section 1. Title. - These Rules shall be referred to as the Implementing Rules and Regulations of the Optical Media Act of 2003.
Rule 2 – Definition of Terms
Section 1. Definitions. - As used in these Rules, the following terms shall mean:
(a) Act - Republic Act 9239 or the Optical Media Act of 2003;
(b) Acquisition - the act of acquiring or procuring manufacturing equipment; parts and accessories, and manufacturing materials used or intended for use in the mastering, manufacture or replication of optical media;
(c) Duplication – the act or business of reproducing analog or digital content in any recordable media through the use of optical or magnetic process, or any technical variation thereof, now known or to be known in the future. The term shall include “burning.” Duplication in these rules shall refer to duplication for commercial purposes.
(d) Economic Zone – the Special Economic Zones, Industrial Estates, Export Processing Zones and Free Trade Zones as defined in Republic Act No. 7916 or the PEZA Law including the Clark Special Economic Zone, the Cagayan Special Economic Zone, the Zamboanga City Special Economic Zone, the Subic Bay Freeport and other economic zones now in existence in the Philippines or as may be established in the future;
(e) Exportation – the act or business of bringing out of the country optical media, manufacturing equipment; parts and accessories and manufacturing materials used or intended for use in the mastering, manufacture, or replication of optical media;
(f) Importation - the act or business of bringing into the country optical media, manufacturing equipment; parts and accessories and manufacturing materials used or intended for use in the mastering, manufacture, or replication of optical media;
(g) IP Code – Republic Act No. 8293, also known as the Intellectual Property Code of the Philippines.
(h) License – the authority granted by the Optical Media Board (OMB) to persons, establishments or entities registered with the OMB to engage in the businesses or activities enumerated in Section 1, Rule 1, Title II of these Rules. For the purposes of these rules, license shall also mean commercial license;
(i) Magnetic Media – a storage medium or device characterized by a base, usually plastic, coated with ferric oxide powder, in which visual and/or aural information, or software code, may be recorded or stored, including, but not limited to, magnetic tapes, cassettes, video tapes, diskettes and floppy discs or any technical variation thereof as may be determined by the Board;
(j) Manufacture – the act or business of producing optical media or devices containing sounds and/or images, or software code, including any work protected in Part IV of the IP Code, by mastering and/or replication. In relation to equipment, “manufacture” shall refer to the assembly or integration of various components into any equipment useful for the mastering, manufacture and/or replication of optical media;
(k) Manufacturing Equipment – any and all equipment, machine, device, including parts and accessories thereof, now known or to be known in the future, intended or designed for the production or manufacture, mastering and/or replication of optical media, optical media masters, or production parts thereof, including but not limited to those listed in Schedule “A” of these Rules, or such others, as may be determined by the Board. For purposes of these Rules, optical disc writers and other blank media burners or any technical variation thereof, found or installed in personal computers, but not used for commercial purposes, shall not be considered manufacturing equipment.
(l) Manufacturing Material – any material such as, but not limited to, those listed in Schedule “B suitable for the manufacture of optical media;
(m) Mastering – the act or business of producing a stamper made of glass, metal or other material, intended for the manufacture of optical media;
(n) Optical Media – a storage medium or device in which information, including sounds and or images or software code, has been stored, either by mastering and/or replication, which may be accessed and read using a lens scanning mechanism employing a high intensity light source such as laser or any such other means as may be developed in the future. The term shall include, but not be limited to those listed in Schedule “C:,
(o) OMB – the Optical Media Board;
(p) Replication – the process of manufacturing optical media by reproducing or generating copies of the stamper in an injection molding machine or other forms of replicating equipment.
(q) Source Identification Code or SID Code – a system of codes to identify the source of all optical media mastered, manufactured, or replicated by any establishment or entity.
Rule 3- Coverage
Section1. Coverage. - The authority of the OMB shall cover the entire territory of the Republic of the Philippines including the economic zones as defined in these Rules and in R.A. 7916.
Title II - LICENSING AND REGULATION
Rule 1 – Registration
Section 1. Registration. - Any person, establishment or entity shall, prior to engaging in one or more of the businesses or activities enumerated hereunder, register with the OMB:
Section 2. Registration Fee. - Any person, establishment or entity applying for registration shall fill up the prescribed form and pay the corresponding registration fee which shall be fixed by the OMB.
Section 3. Effectivity and Lapse of Registration. - The registration shall be valid and effective for as long as the registrant shall apply for and continue to renew his license and shall lapse after one year from his failure to renew the same.
Rule 2 - Licensing
Section 1. Licensing. – Apart from the registration with the OMB, as required in the preceding Rule, any person, establishment or entity shall, prior to engaging in one or more of the businesses or activities enumerated in the preceding Rule, secure the appropriate commercial license or licenses from the OMB.
Section 2. Licensing Regarding Optical Media. - Every application for importation, exportation, or acquisition, of optical media, or for the mastering, manufacture or replication of optical media, shall include the following, and such other information, as the OMB may require:
Section 3. Licensing Regarding Manufacturing Equipment. - Every application for the importation, exportation, acquisition, sale, distribution, possession or operation of manufacturing equipment, parts and accessories, used or intended for use in the mastering, manufacture or replication of optical media, shall include the following, and such other information, as the OMB may require:
(a) Make, model and serial number, if applicable, and description of the equipment;
(b) Quantity of each piece of equipment to be imported or exported;
(c) If the equipment is a mould, a signal processor or a laser beam recorder,
(i) whether each such piece of equipment has been modified to apply a SID Code, and
(ii) if so, the SID Code that each such piece of equipment has been modified to apply.
(d) Name and address of the consignor, and, if different, name and address of the seller;
(e) Name and address of the consignee, and if different, name and address of
the purchaser; and
(f) Estimated date of import or export.
Section 4. Licensing Regarding Manufacturing Materials. - Every application for the importation, exportation, acquisition, sale, distribution or possession of manufacturing materials, used or intended to be used for the mastering, manufacture or replication of optical media, shall include the following, and such other information, as the OMB may require:
(a) Make, product code and description of the manufacturing materials;
(b) Quantity of the manufacturing materials to be imported;