Optical Media Board

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Seal of the Optical Media Board

Established: 2003
Chairman and CEO: Ronnie B. Ricketts
Website: www.omb.gov.ph

Optical Media Board (OMB) is the renamed Videogram Regulatory Board (VRB) assigned to regulate the manufacture of optical media in all its forms and impose stiffer fines and penalties for its illegal reproduction.

Contents

Coverage

The authority of OMB covers the entire territory of the Philippines.

The Board

Members

  • 4 ex officio members:

     1. Secretary of the Department of Trade and Industry (DTI) or his duly authorized representative.

     2. Secretary of the Department of Interior and Local Government (DILG) or his duly authorized representative.

     3. Secretary of the Department of Finance (DOF) or his duly authorized representative.

     4. Director-General of the Intellectual Property Office (IPO) or his duly authorized representative.

It should be however, the ranks of the duly authorized representatives shall not be lower than the Assistant Secretary.

  • 5 regular members:

     1. 3 representatives from pivate sector, each of whom appointed from an identified industry relying on intellectual property protection.

     2. Representative from the consumer organizations.

     3. Representative from the acadame.

These members shall be nominated by by their nationally recognized associations or organizations. Chairperson will be appointed by the President of the Philippines. Vice-Chairperson will be elected by the members from among themselves.

Qualifications

The regular members of the Board shall be:

  • Filipino citizens
  • At least twenty-one years old
  • Of good moral character standing in the community
  • With proven competence in the industry they represent
  • Chairperson shall be at least thirty-five (35) years old, of known probity and managerial and administrative competence.
  • At least two members of the board must be members of the Philippine Bar.

Term

The Chairperson and the regular members of the Board shall hold office for three years, unless removed by the President for cause. And that the Chairperson and the regular members may not serve for more than two consecutive terms.

Meetings

The Board meets regularly at least once a month or as often as necessary at the call of the Chairperson. A majority of the members of the Board constitutes a quorum to do business.

Powers and Functions

a. Formulate and implement such policies and programs as are necessary for the accomplishment of the purposes of Republic Act No. 9239 (known as the Optical Media Act of 2003).

b. Evaluate the qualifications of any individual, establishment or other entity to engage in the mastering, manufacture or replication of optical media. The OMB shall require such person to substantiate its capability to engage in said activities.

c. Supervise regulate, grant, or renew licenses for specific periods, or deny, suspend, or cancel the licenses for specific periods.

d. Conduct inspections, by itself or in coordination with other competence agencies of the government, at anytime, with or without prior notice, of establishments or entities engaged in importation, exportation, acquisition, sale or distribution of optical media, manufacturing equipment, parts and accessories and manufacturing materials.

e. Employ reasonable force in the event that the responsible person or persons of such establishment or entity evades, obstructs, or refuses such inspection. For this purpose, the agents of the OMB shall be considered agents in authority.

f. Apply for or obtain search warrants from any court of law, or take into preventive custody any optical media and/or material or equipment, including parts, accessories and paraphernalia used for the mastering, manufacture or replication of optical media which are found in any premises if the OMB has reasonable ground to believe or suspect that these are evidence of violation of the provisions of the Optical Media Act of 2003.

g. Act as complainant in the criminal prosecution of violators of the Act.

h. Hear and resolve administrative cases against violators of the Act and impose administrative sanctions including imposition of fines and penalties, confiscation of optical media, and suspension, non-renewal or cancellation of the license to operate and/or closure of establishments or entities.The Board shall have the power to issue subpoena.

i.Call upon law enforcement agencies and the managing authorities for assistance in the implementation and enforcement of its decisions, orders, rules and regulations.

j. To deputize, whenever necessary, provincial governors, city and municipal mayors, and representatives of the national government agencies, organizations representing copyright owners, neighboring rights owners and concerned sectors to help monitor compliance with and report to the OMB any violation of the Act.

k. Require persons, establishments and entities engaged importation, exportation, acquisition, sale or distribution of optical media, manufacturing equipment, parts and accessories and manufacturing materials used or intended for use in the mastering, manufacture or replication of optical media to keep and maintain for a period of at least five years true and complete records of all activities related to the conduct of its business. The Board may require the production of such records and samples of optical media from each mastering, manufacturing or replicating line.

l. Levy, assess and collect, and periodically adjust and/or revise the rates of fees and charges for the issuance of licenses granted under the Act.

m. Establish support offices as may be necessary.

n. Create and maintain a database, and regularly publish data containing the list and activities of registered and/or licensed optical media and other related establishments. Any enforcement agency, including the Bureau of Customs, may refer to this database for enforcement and/or seizure.

o. Prescribe the internal and operational procedures for the exercise of its powers and functions, the performance of its duties and responsibilities and other related matters.

p. Exercise such other powers and functions as may be necessary or incidental to the attainment of the purposes and objectives of the Act, and to perform other related duties and responsibilities as may be directed by the President.

Reference


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