REPUBLIC ACT 9239 - OPTICAL MEDIA ACT OF 2003 Flashcards
In RA 9239 Optical Media Act of 2003, Section 2 Policy states that
not hereby, but about piracy
The unregulated mastering, manufacture, replication, importation and exportation of optical media in all forms is inimical to economic growth and public interest.
The IP Code is associated with what Republic Act
REPUBLIC ACT 8293 OR THE INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
OMB
OPTICAL MEDIA BOARD
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; and
REPLICATION
RA 9239 WAS DECLARED IN
JULY 28, 2003
a system of codes to identify the source of
all optical media mastered, manufactured or replicated by any establishment or entity.
SID CODE
RA 9239 WAS APPROVED IN
FEBRUARY 10, 2004
The main officers in the Optical Media Board
4 EX OFFICIO MEMBERS
5 REGULAR MEMBERS (ONE BEING CHAIRPERSON)
3 year term, at least 21 yo for reg members, chairperson being 35 yo or
The board shall meet regularly at least
ONCE A MONTH
The current Chairperson of the Optical Media Board
J
Jeremy S. Marquez
The Main Powers and Functions of the Optical Media Board
MADE UP
- POLICY AND REGULATION
- LICENSING
- ENFORCEMENT
- ADMINISTRATIVE DUTIES
Every license will have a valid period of
3 years
MAJOR OFFENSES PENALTIES OF VIOLATIONS
IMPRISONMENT 3-6 YEARS AND FINE OF 500,000 TO 1.5 MILLION PESOS
3 Grounds for Major Offenses
- Engaging in prohibited activities without license
- Unauthorized mastering/replication
- Failing to use or faking SID codes on optical media
MODERATE OFFENSES PENALTIES OF VIOLATIONS
(Imprisonment 1-3 years and fine Php 100,000 - Php 500,000)
3 Grounds for Moderate offenses
- Importing/exporting, selling, or acquiring materials without licenses
- Knowingly performing mastering/replication services
- Refusing inspection or surrendering materials during inspections
MINOR OFFENSES PENALTIES ON VIOLATIONS
(Imprisonment 30-90 days or fine Php 25,000 - Php 50,000)
2
2 Grounds for Minor Offenses
- Possessing or using illegally produced optical media for profit
- Engaging in commecrial activities related to illegal optical media
If the Offender is a Government Officer/Employee, the 2 major penalties are
- PERPETUAL DISQUALIFICATION FROM PUBLIC OFFICE
- BANNED FROM VOTING IN ANY PUBLIC ELECTION FOR 10 YEARS
What Section describes the Disposal of Seized materials
Section 23
Section 21. Persons Liable. - If the offender is an alien, the person shall immediately be __________after _____________, and shall, thereafter, be refused entry into the country.
deported
serving his sentence
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
ECONOMIC ZONE
(DOT) Republic Act No. 8293 also known as the Intellectual Property Code of the Philippines
IP CODE
the authority granted by the Optical Media Board (OMB) to establishments or entities registered with the OMB to engage in the business of mastering, manufacture, replication, importation or exportation of optical media;
LICENSE
