REPUBLIC ACT 9239 - OPTICAL MEDIA ACT OF 2003 Flashcards

1
Q

In RA 9239 Optical Media Act of 2003, Section 2 Policy states that

not hereby, but about piracy

A

The unregulated mastering, manufacture, replication, importation and exportation of optical media in all forms is inimical to economic growth and public interest.

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2
Q

The IP Code is associated with what Republic Act

A

REPUBLIC ACT 8293 OR THE INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

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3
Q

OMB

A

OPTICAL MEDIA BOARD

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4
Q

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

A

REPLICATION

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5
Q

RA 9239 WAS DECLARED IN

A

JULY 28, 2003

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6
Q

a system of codes to identify the source of
all optical media mastered, manufactured or replicated by any establishment or entity.

A

SID CODE

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7
Q

RA 9239 WAS APPROVED IN

A

FEBRUARY 10, 2004

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8
Q

The main officers in the Optical Media Board

A

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

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9
Q

The board shall meet regularly at least

A

ONCE A MONTH

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10
Q

The current Chairperson of the Optical Media Board

J

A

Jeremy S. Marquez

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11
Q

The Main Powers and Functions of the Optical Media Board

MADE UP

A
  1. POLICY AND REGULATION
  2. LICENSING
  3. ENFORCEMENT
  4. ADMINISTRATIVE DUTIES
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12
Q

Every license will have a valid period of

A

3 years

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13
Q

MAJOR OFFENSES PENALTIES OF VIOLATIONS

A

IMPRISONMENT 3-6 YEARS AND FINE OF 500,000 TO 1.5 MILLION PESOS

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14
Q

3 Grounds for Major Offenses

A
  • Engaging in prohibited activities without license
  • Unauthorized mastering/replication
  • Failing to use or faking SID codes on optical media
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15
Q

MODERATE OFFENSES PENALTIES OF VIOLATIONS

A

(Imprisonment 1-3 years and fine Php 100,000 - Php 500,000)

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16
Q

3 Grounds for Moderate offenses

A
  • Importing/exporting, selling, or acquiring materials without licenses
  • Knowingly performing mastering/replication services
  • Refusing inspection or surrendering materials during inspections
17
Q

MINOR OFFENSES PENALTIES ON VIOLATIONS

A

(Imprisonment 30-90 days or fine Php 25,000 - Php 50,000)

18
Q

2

2 Grounds for Minor Offenses

A
  • Possessing or using illegally produced optical media for profit
  • Engaging in commecrial activities related to illegal optical media
19
Q

If the Offender is a Government Officer/Employee, the 2 major penalties are

A
  1. PERPETUAL DISQUALIFICATION FROM PUBLIC OFFICE
  2. BANNED FROM VOTING IN ANY PUBLIC ELECTION FOR 10 YEARS
20
Q

What Section describes the Disposal of Seized materials

A

Section 23

21
Q

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.

A

deported
serving his sentence

22
Q

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

A

ECONOMIC ZONE

23
Q

(DOT) Republic Act No. 8293 also known as the Intellectual Property Code of the Philippines

A

IP CODE

24
Q

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;

A

LICENSE

25
Q

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 tape, cassettes, video tape, diskettes, and floppy discs;

A

MAGNETIC MEDIA

26
Q

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.

A

MANUFACTURE

27
Q

In relation to equipment, _____________ shall refer to the assembly or integration of various components into any equipment useful for the mastering, manufacture and/or replication of optical media;

A

“manufacture”

28
Q

Refers to any and all equipment, machine or device, now known or to be known in the future, intended or design for the production or manufacture, by mastering and/or replication of optical media, optical media masters, or production parts thereof, including but not limited to, those which shall be listed in the IRR of this Act or as prescribed by the OMB.

A

MANUFACTURING EQUIPMENT

29
Q

any material such as, but not limited to, optical grade polycarbonate or polycarbonate substitutes with physical properties suitable for the manufacture of optical media;

A

MANUFACTURING MATERIAL

30
Q

the act or business of producing a stamper made of glass, metal or other material, intended for the manufacture of optical media;

A

MASTERING

31
Q

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 a laser or any such other means as may be developed in the future.

A

OPTICAL MEDIA

32
Q

The term shall include, but not be limited to, devices which shall be listed in the IRR of this Act, or as prescribed by the OMB;

A

OPTICAL MEDIA

33
Q

Meaning of OMB

A

Optical Media board

34
Q

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

A

REPLICATION

35
Q

a system of codes to identify the source of all optical media mastered, manufactured or replicated by any establishment or entity.

A

SOURCE IDENTIFICATION CODE

36
Q

MEANING OF SID

A

SOURCE IDENTIFICATION CODE

37
Q
A