Title III – SOURCE IDENTIFICATION CODES
Rule 1 – Mandatory Use of SID Codes
Section 1 Adoption of IFPI Codes. – For purposes of these Rules, the OMB hereby adopts the Source Identification Code System devised by Philips Intellectual Property and Standards Office (PIPSO), and administered by the International Federation of the Phonographic Industry (IFPI).
Section 2. Mandatory Use of SID Codes in Manufacturing Equipment. – All mastering, stamping, mould equipment and other such devices, as may be determined by the OMB, shall bear, carry or incorporate a Source Identification Code (SID Code) which shall be assigned by the OMB. All persons, establishments or entities who shall import, export, acquire, possess, operate, sell or distribute the same shall comply or ensure compliance herewith.
Section 3. Mandatory Use of SID Codes in Optical Media. -Each and every optical disc, manufactured, mastered or replicated in and/or exported from the Philippines, shall bear the SID Code. All persons, establishments or entities who shall sell, trade, distribute, export or possess, for the purpose of sale, trade, distribution or export, optical discs manufactured, mastered or replicated in the Philippines, shall comply or ensure compliance herewith.
Section 4. SID CODE Specifications. – The specifications for the SID Code shall be as provided in Schedule “D”.
Title IV – ADMINISTRATIVE OFFENSES AND PENALTIES
Rule 1- Offenses And Penalties
Section 1. Administrative Sanctions. – Without prejudice to the to the filing of criminal or civil actions in appropriate cases, the OMB shall file administrative complaints against and impose administrative penalties in the following cases:
a) Closure of establishment, confiscation of manufacturing equipment, parts, materials or optical media products and/or a fine of not less than Php 300,000.00, but not more than Php 1,500,000.00, shall be imposed upon any person, establishment or entity who shall commit any of the following:
(1) Engage in one or more of the businesses or activities enumerated under Section 1, Rule 1, Title II, without registering with and/or securing a license from the OMB. Provided, that, the conduct of any business activity in any place other than the place or location registered and licensed by the OMB, shall be deemed as engaging in the said business or activity without the necessary registration or license, as the case may be; Provided, further, that any person, establishment or entity who fails to renew an expired license within thirty (30) days from the date of expiration shall be penalized under subsection (j), or
(2) Employ fraud or misrepresentation or otherwise furnish the OMB with any false or misleading information in connection with any registration statement or application for or renewal of a license.
(b) Closure of establishment, confiscation of manufacturing equipment, parts, materials or optical media products, cancellation or suspension of license and/or a fine of not less than Php 300,000.00, but not more than Php 1,500,000.00, shall be imposed upon any person, establishment or entity who, charged with the obligation to install, affix or adopt the SID Code assigned by the OMB, shall commit any of the following:
(1) Fail to comply therewith;
(2) Affix or install false, falsified, imaginary or unauthorized SID or other codes;
(3) Deface, remove, erase, obliterate the SID or other codes on manufacturing equipment, parts or optical media;
(4) Affix or install or appropriate the SID Code, and/or other codes that have been assigned by the OMB to another person,
(5) Having been assigned and authorized SID Code by the OMB, allow or authorize another person, establishment or entity to use, affix or install such codes in the latter’s manufacturing equipment, parts or optical media products;
(c) Closure of establishment, confiscation of manufacturing equipment, parts, materials or optical media products, cancellation or suspension of license and/or a fine of not less than Php 300,000.00 but not more than Php 1,500,000.00 shall be imposed upon any person, establishment or entity who, being licensed by the OMB as a seller or distributor of optical media, by himself, or through another, cause the duplication, mastering, manufacture or replication of any intellectual property in optical media intended for commercial profit or pecuniary gain without authority or consent of the owner thereof.
(d) Closure of the establishment, confiscation of manufacturing equipment, parts, materials or optical media products and/or a fine of not more than twice the value of the products produced but, in no case less than Php 500,000.00, shall be imposed upon any person, establishment or entity who, being licensed to engage in the duplication, mastering, manufacture or replication of optical media, knowingly renders the service to any person, in respect of any intellectual property, who does not have the consent by the owner of the intellectual property or his representatives or assigns. Provided, that for this purpose, any person, establishment or entity that is licensed by the OMB to engage in the abovementioned activities shall be considered to have acted in good faith in respect of any transaction entered into by him in respect to the preceding paragraph, if he notifies the OMB in writing of such transaction within five (5) working days from receipt of the job order, furnishing to the OMB all material information thereof;
(e) Suspension of operations of the establishment for a period of not less than three (3) months, but not more than six (6) months, confiscation of manufacturing equipment, parts, materials or optical media products and/or a fine of not less than Php 100,000.00 but not more than Php 500,000.00, shall be imposed upon any person, establishment or entity who shall evade, obstruct, or refuse or cause to evade, obstruct, or refuse any inspection by the OMB or any of its duly authorized agents or deputies, after being duly informed of the order to conduct such inspection.
(f) Suspension of operations of the establishment for a period of not less than three (3) months, but not more than six (6) months, confiscation of manufacturing equipment, parts, materials or optical media products and/or a fine of not less than Php 100,000.00, but not more than Php 500,000.00, shall be imposed upon any person, establishment or entity who shall refuse to comply with a preventive custody order, or otherwise refuse, to surrender to the OMB for preventive custody any or all optical media and/or material or equipment, including parts, accessories and paraphernalia, after having been duly informed of the order for preventive custody.
(g) Suspension of operations of the establishment for a period of not less than three (3) months, but not more than six (6) months and/or a fine of not less than Php 100,000.00, but not more than Php 500,000.00, shall be imposed upon any person, establishment or entity who shall:
1) fail to keep and maintain for a period of at least five (5) years true and complete records of all activities related to the conduct of business;
2) fail to produce or cause the production and submission of such records to the OMB within a reasonable period of time after notice, as and when required;
3) fail to submit samples of optical media and other products within a reasonable period of time after notice, as and when required.
(h) Suspension of operations of the establishment for a period of not less than one (1) month, but not more than three (3) months, confiscation of manufacturing equipment, parts, materials or optical media products and/or a fine of not less than Php 50,000.00, but not more than Php 100,000.00, shall be imposed upon any person, establishment or entity who shall knowingly possess optical media produced in violation of the Act and/or these Rules, for the purpose of sale, rental, distribution or any other commercial purpose or with the intent to profit. Possession under this section shall be deemed for “the purpose of sale, rental, distribution or any other commercial purpose” if the person, establishment or entity shall have in its possession of at least three (3) pieces of media containing the similar copyrighted content, or at least 6 pieces of media containing dissimilar copyrighted content.
(i) Suspension of operations of the establishment for a period of not less than one (1) month, but not more than three (3) months, confiscation of manufacturing equipment, parts, materials or optical media products and/or a fine of not less than Php 50,000.00, but not more than Php 100,000.00, shall be imposed upon any person, establishment or entity who shall engage in the sale, rental, distribution, importation, exportation of, or any other commercial activity involving optical media that are in violation of this Act.
j) A fine of not less than Php 5,000.00, but not more than Php 50,000.00, shall be imposed upon any person, establishment or entity who shall fail to renew his commercial license within thirty (30) days from the date of expiration thereof.
(k) A fine of not less than Php 1,000.00, but not more than Php 5,000.00, shall be imposed upon any person, establishment or entity who shall fail to prominently display the registration and license issued by the OMB at the designated place of business.
Section 2. Determination of Administrative Penalties. – In imposing administrative penalties, the OMB shall consider the size of the operations of the offender, the value of the articles involved, and the period of the violation.
