Regulation of Printing with Respect to Optical and Magnetic Media Including Its Accessories, Add-Ons, and Supplements

2016

OMB MEMORANDUM CIRCULAR NO. 005-16

 

WHEREAS, the Optical Media Board (hereinafter referred to as "OMB") seeks to monitor and regulate the production of labels or materials attached to Optical and Magnetic Media which provide information or augment the same;

WHEREAS, the unregulated printing on Optical and Magnetic Media and their accessories, add-ons, and supplements thereto is detrimental to national economy and public interest;

WHEREAS, the End Product of Optical and Magnetic Media in all forms for their importation, acquisition, sale or distribution usually include labels and similar materials to indicate the contents and purpose of the said Optical and Magnetic Media;

WHEREAS, as part of its regulatory functions, the Optical Media Board (OMB) requires the Registration and Licensing of Existing Establishments and entities engaged in acts provided under the Implementing Rules and Regulation of Republic Act 9239, otherwise known as the "Optical Media Act of 2003";

NOW, therefore, pursuant to Board Resolution No. 16-05-02 and the powers and functions of the OMB under Section 10 (a) and (c) of RA 9239 relative to the formulation and granting and/or renewal of licenses, the following are hereby promulgated:

I. PRINTING

SECTION 1. Registration Requirement; Printing. — Entities engaged in Printing with regard to Optical and Magnetic Media as well as their accessories, add-ons, and supplements thereto are required to register and acquire the necessary license and permit with the Registration and Licensing Division (hereinafter referred to as "RLD") of the Optical Media Board; aScITE

SECTION 2. Covered Acts. — This Circular covers and includes, but is not necessarily limited to, Printing on Optical and Magnetic Media in all forms, such as:

1. Optical Discs of any kind

2. Labels on Optical Discs, cases, or any other packaging material

3. Labels on Accessories of Optical and Magnetic Media

4. Labels on any part of the End Product of Optical and Magnetic Media

5. All other accessories as maybe attached to the Optical and Magnetic Media

SECTION 3. Covered Materials. — This Circular covers any kind of material used as a label on Optical and Magnetic Media as well as its accessories, add-ons, packaging and supplements thereto as long as the said label is made through a printer or a printing press.

SECTION 4. Accessories. — For the purposes of this Circular, "Accessories" shall refer to a subordinate of supplementary item that contributes to the effect, result, or purpose of Optical and Magnetic Media in all forms in reference to the provisions of RA 9239.

SECTION 5. End Product. — For the purposes of this Circular, "End Product" shall refer to a subordinate of supplementary item that contributes to the effect, result, or purpose of Optical and Magnetic Media in all forms.

SECTION 6. Fees. — All applicants shall pay a one-time registration fee of FIVE-HUNDRED PESOS (P500.00). In addition, a license fee of ONE THOUSAND PESOS (P1,000.00) per printer shall likewise be imposed. The license shall be valid for a period of ONE (1) year from the date of the issuance of the same.

SECTION 7. Printing. — For the purposes of this Circular, "Printing" shall refer to an act of making letters, numbers, images, and indications by means of ink, chemical action, and similar types that is included as part of the End Product of Optical and Magnetic Media in all forms in reference to the provisions of RA 9239 and its Implementing Rules and Regulations.

SECTION 8. Penalty. — Failure to comply with this Memorandum Circular shall be considered as a violation of Title IV Sec. 1 (c) of the Implementing Rules and Regulations of RA 9239, punishable by a penalty of not less than THREE HUNDRED THOUSAND PESOS (P300,000.00) but not more than ONE MILLION FIVE HUNDRED THOUSAND PESOS (P1,500,000.00).

SECTION 9. Transitory Provisions. — This Memorandum Circular shall apply prospectively without prejudice to pending applications in the RLD from the date of effectivity of this Memorandum Circular.

SECTION 10. Repeal. — All orders, issuances, or parts thereof, which are inconsistent with the provisions of this Circular, are hereby repealed or modified accordingly. HEITAD

SECTION 11. Severability. — If any provisions of this Circular is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SECTION 12. Effectivity. — This Circular shall take effect within FIFTEEN (15) days from publication hereof.

(SGD.) ATTY. ANSELMO B. ADRIANChair & Chief Executive Officer