"

28 June 2016

Mr. Edgar Z. Macabeo

Acting District Collector
Ninoy Aquino International Airport
BOC Bldg., NAIA
Pasay City

Dear Sir:

The Optical Media Board respectfully informs you of the newly published
circulars which, we are attaching for your reference.

CD, DVD, Hard Disk Drive (HDD), other optical and magnetic media products
regardless of whether it has content or none are continued to be regulated by
this Board and must be issued the requisite licenses and permits prior to its
importation, exportation or transportidistribution.

We thank you for your. continued support to the agency's anti-piracy campaign
and in the implementation of the mandates of Republic Act No. 9239. A list of
regulated products by the OMB is also attached for your guidance.

If you have inquiries or other concerns, please do not hesitate to contact us

thru telephone no. 374-1393 or email at r1dchief@yahoo.com.

Very truly yours,

~J;
ELIZABETH A. RED
Chief, Registration and Licensing Division

Attached: Me Nos. 2016-001 to 2016-006

list of OMB Regulated Products
 Republic of the Philippines
OFFICE OF THE PRFSIDENT
OPTICAL MEDIA BOARD
No. 35 Scout limbaga Street, Bgy. Laging Handa, Quezon City Zip Code TIro
Tel. Nos. 373-6830.374-1393. Fax: 374-0217

UstofOMB Regulated Products

Schedule -A-i.
List ofManufaeturing Equipment for Optical Media
Direct Stamper Recording System
DVDupgrade kits
Electro forming equipment that make stampers
Equipment for Coating Laser Sensitive Substance on Compact Disc or Recordable Compact Disc
Equipmentfor spin coating glass masters with a photo resistant layer
Glass or polymer masters .
Injection molding machinery
Integrated optical disc replication lines
Laser Beam reorders
Metalizers for applying reflective layers to optical media
Moulds and componen ts thereof
Signal processing system for Laser Beam Recorder
Stamper or other metal parts (or parts made of other materials)
And/or other equipment, part, accessories as may be determined by the OMS

Schedule -B-
List of Manufacturing Material for Optical Media
Any materia~ such as, but not limited to, optical grade polycarbonate or polycarbonate su')stitutes with physical
properties suitable for the manufacture of optical media Suitability shall be measured by a melt flow index (MFI) which
shall be determined by the OMB. Un:ess otherwise determine, polycarbonate or polycarbonate substitutes with MFI of
not less than 45 grams per ten (10) minutes at 300 degrees Celsius at 12 kilogram load shall be onsidered as suitable as
manufacturing material, for purposes of these Rules. .

Blank and/or Recordable Discs are classified as manufacturing material per MC No. 2005-007 issued on 24 October
2005.

Schedule -C-
Types of Optical Media
CD (compact disc)
CD-A(compact disc digital audio)
CD-I (compact disc- interactive)
CD-P (compact disc- photo)
CD-R (compact disc recordable)
CD-ROM(compact disc read-only memory)
CD-RW(compact disc rewritable)
CO-WO(compact disc write once)
CYO(China video disc)
DYD(digital versatile disc)
.DYO-RAM(digital versatile disc random access memory)
DYO-ROM(digital versatile disc read-only memory)
EVD(enhanced versatile disc)
LD (laser disc)
MO (mini disc)
SACO(super audio compact disc)
SVCO(super video compact disc)
YCO(video compact disc)
Or any technical variation thereof, now known or to be known in the future.
"'VIDS
. Vi' -!). ~ ••••
J
Other Regulated Products: ';..l; I J
Optical Disk OrivesfWriters (ODD/DOW)
All Types of Magnetic Media including Hard Disk Drives (HOD)

__ ._-----_._----------~-- ---_
-_. .... __ ._- ------. __ ._------_._------------
.'

R,;publi,; uf Ih,; l'hilippill';:;

OFFICE OF THE PRESIDENT
OPTICAL MEDIA BOARD
No. 35 SC)UI Limbaga Slre.:I, Bgy. Lalling I-Iallua, Quaull City, I'hil~)l'ill~'s. II UJ
TeL Nos. 373-6830.374-1393. Fax: 374-0217
Website: •••ww.ol11b.goY.ph

OffiCE Of THE CHAIRMAN AND CEO

MEMORANDUM CIRCULAR No. 2016-001

TO ALL CONCE'U'JED

RE REGULATIC N Of HARD DISK DRIVES and OPTICAL MEDIA WRITERS/DRIVES

WHEREAS, there have been various complaints from the film and music industri~s regarding the
proliferation of unauthorized products in the market, many at whIch involve downloaded materials from
the internet into Hard Di!k Drives and eventually transferred to optical dtscs through optkal disc
writers/drives;

WHEREAS, Hard Di~ks Drives are nonvolatile storage devices attached to computers made up of metallil:
discs with magnetic coating;

WHEREAS, as part of its reg,ulatory functions, the Optical Media Board (OMB) considers these Hard D.sk
Drives to be magnetic media, which is covered by the prOVisions of Republic Act N'o. 9239, otherwise
known as "the Optical Med:a Act of 2003/1;

WHEREAS, Internal and Ext:!rnal Optical Disc Writers/Drives are devices capable of transferring data from\
Hard Disk Drives to various Optical Media;

WHER~.AS,as part of its regulatory functions, the Optical Media BQ'?rd (OMB) ccnsiders these Optical Disk
Writers/Drives to be manufac~uring equipment, which are covered. by the pro\ isions of Republic Act No.
9239, otherwise known as 'the Optical Media Act of 2003/1
r.

NOW, therefore, pursuant to Board Resolution No. 16-04-07 and the powers .md functions of the OMB
under Section 10, subsections (a) and (c) of R.A. 9239 relative. to the formulation of policies and granting
and/or renewal of licenses the following are hereby promulgated:

REGULATION OF HARD DISK DRIVES and OPTICAL DISK WRITEf{S/DRIVES

1. All entitles with transa.:tions involving importation, exportation, acquisition, sale or distribution of
optical and magnetic medi.3, as well.as manufacturing equipment, a.r.ehereby required to comply with all
requirements of registration and licensing under the Optical Media Act of 200::';

2. Entities using Internal ~nd External Hard Disk Drives and Optical Disc Writers/Drives for commercial
purposes are hereby reqJired to register and acquire the necessary perrr.its and Iicen~es with the
Registration and Licensing Division (RLD) of the OMB;

_._--------------------------_. ---_ .. _-_ .. - -'-'. ----_ .. _--_._---_._--- --------._---_.

'.

3. for J-lurpu~~suf Lhb Circular, "conllllc:::rcidl J.lurJ.lus~s"Shdfl rdc:r (Ll 0:111 dl.liVIl/c:s illvul\'llI~ IIl1fJUlldllulI,
exportation, acquisition. sale or distribution of optical and magnetic media as well as m"llutuC(urill~
.:quipment, with intent 10 profit in reference to Sec. 3(f) of RA 9239;

4. The RLD shall charge a regislration fee of ONE THOUSAND FIVE HUNOF.ED PESOSONLY (PhJ-ll.~()O"uU)
J-ler Internal and External Optical Disc Writer/Drive and ONE THOUSAND FIVE HUNDRED PESOS ONLY
(Phpl,500.00) for Intern31 and External Hard Disk Drive;

.•.
5. Penalty - Failure to comply with this Memorandum Circular shall be c('/lsiuerc::d as d viola non otl illl:
IV Se.c:'1!c) of the Implementing Rules and Regulations of RA 9239, puni;;hable by a pC:::lltJltyo~ nut leS$
than THREEHUNDRED THOUSAND PESOSONLY (Php 300,000) but not more than ONE MILLION .-\ND FIVE
HUNDRED THOUSAND PESOSONLY (Php 1,500,000).

b. Transitory Provisions -This Mc:::morandum Circular shill! apply pros,::ectivdywithout pr<:jlldi.:e tu

. ~
pending appllcations;n tle RLD from the date of effectivity of this Memorandum Circular.

7. Effectivity - This circulH shall take effect within FIFTEEN(15) days from publication hereof.

'~J:-
eh"ir & Chief Executive Cffir.:,er
",

{o"

I
 l{cpublic uf th..: l'hillPPII\<:s
OFFICE OF THE PRESlDENT .
OPTICAL MEDIA BOARD
No. 35 Sl:out Lilllbuga Street, BID'. Laging Handa, QUt:~1I L'ily, I'hilippillc.,. 1111.\
Tel. Nos. 373-blUO. 374-1393. Fax: 374-0217
W.:bsitc:: www.omb.gov.ph
------------------------------------------_ .

...

OFFICE OF THE CHAIRMAN AND CEO

MEMORANDUM CIRCULAR No. 2016-002

TO All CONCERNED

RE PA'fMENT OF CLEARANCEFEES WITH LEGALSERVICES DNISION FOR PERMIT

APPUCATIONS

WHEREAS. the Optical Media Board (OMB) is the national government agency mand.atcd to regulate the
importation, exportation, acquisition, sale or distribution of optical and magnetic media in the Philippines;

WHEREAS, one of the requirements for the issuance of licenses Is clearance from the Legal Services D:vision
(LSD) that the former Is not subject of a pending administrative, criminal, or civil case, as the case may be;

WHEREAS, the regulatory powers of the OMB covers all activities pertaining to optical and magnetic media,
especially in registration and licensing;

WHEREAS,applications for 'tarlous permits are currently not included

. among the stages/activities being applied .
for bV a registrant/entity for clearance with the LSD;

NOW, therefore, pursuant to Board Resolution No. 16-04-08, and th~owers and functions of the OMB under
Sec. 10, subsections (a) and Ic) of Republic Act No. 9239, relative tq. the formulation of policies and granting
and/or licenses, the following are hereby promulgated:

LSD CLEARANCEFOR PERMIT APPUCATIONS

1. All persons/entities applying for permit with the OMS shall be required to secure a clearance from the
LSD;

2. An LSDClearance shall be issued upon the filing of a request for verification from the RLD;

3. A request for LSDClearance shall be assessed an amount of FIFTYPESOS ONLY (Php 50.00). which shall
be paid to the DMa Cashier.

4. Effectivity - This circular shall take effect within FIFTEEN (lS).days from publication hereof.

A~~-
ChaJr & Chief Executive Officer

I
 Rt:l'ublit,; uf the Philippwc::;
OFFICE OF THE PRESIDENT
OPTICAL MEDIA BOARD
No. 35 Scout wlIlUaga S=e:1, Bgy. LagillS Ham!a. QU~II CilY, l'hililJl.lil'CS. t IUJ
Tel. Nos. 373-6830.374-1393. Fax: 374-021 T
Website: www.omb.gov.pb

OFFICE OF THE CHAIRMAN AND CEO

MEMORANDUM CIRCULAR NO. 2016-003

TO ALL CONCERNED

RE
SURCHARGEIMPOSED ON APPLICANTS WHO RENEW THEIR LICENSESBEYOND
THE EXPIRYDATES

Pursuant to Board Resolution No. 16-04-10, surcharges shall be imposed on the applicants
who renew their licenses beyond the expiry dates in accordance with the following rates:

20% If license is renewed within the FIRST (1st) day up to SIXTIETH (60th)
day from the expiry date;
30% If license is renewed within the.SIXTY FIRST (61 Sl) day up to the ONE
HUNDRED TWENTIETH (120th) day after the expiry date;
40% If license is renewed within the ONE HUNDRED TWENTY FIRST (121")
day to ONE HUNDRED EIGHTIETH (180th) dLlY after the expiry date;
70% If license is renewed after the ONE HUNDRED EIGHTY FIRST (181«) day
from the expiry date and onwards.

A 100% surcharge shall be imposed on all optical/magnetif media establishments who have
been operating for more than THIRTY (30) days without: first being registered with and
licensed by the Board, without prejuq!ce to the imposition of other appropriate sanctions
under existing laws.

Similarly, a 100% surcharge shall also be imposed on all opticaljrnagnelic media

establishments who fail to renew their licenses and were inspected' by the Board, without
prejudice to the imposition of appropriate sanctions under existing laws.

Finally, if the license is not renewed within THREE HUNDR.ED SIXTY FIVE (365) days after its
expiry date, the registration shall be deemed automatically cancelled and the respective
business name and address shall be blacklisted, without prejudice to the imposition of other
appropriate sanctions under existing laws.

This Circular shall take effect within FIFTEEN (15) days from publication hereof.

nJ .. IJcy-
A~RIANO
Chair and Chief Executive Officer

_._------_. ---------~.. _--- - - ----_._-" .._-_.

I
i.

I.<.epublic ur Lbo;: Philippi.n~

OFFICE OF THE PRESIDENT
OPTICAL MEDIA BOARD
No. 35 SeoUl Lirnbaga Street, O&)'.Laging Handa, Quezon Cl1y. Philippincs. 1103
Tel. Nos. 373-6830.37<1-1393. Fax: 374-0217
Website: www.01llb.gov.pll

OFFICEOF THE CHAIRMAN AND CEO

MEMORANDUM CIRCULAR NO. 2016-004

TO All CONCERNED

RE '. PROCEDURESCONCERNING THE ClOSURE OF ESTABLISHMENTS ENGAGED IN

THE IMPORTATION, ACQUISITION, SALE OR DISTRIBUTION OF OPTICAL AND
MAGNETIC MEDIA IN AU FORMS AS WEll AS MANUFACTURING EQUIPMENT

WHEREAS,the Optical Media Board (hereinafter referred to as "OMS") seeks to monitor

and regulate the closure and winding up of establishments engaged In the manufacture,
importation, acquisition, sale or distribution of Optical and Magnetic Media in all forms as well as
manufacturing equipment (hereafter referred to as "Optical Media");

WHEREAS,to declogthe numerous records and documents of the oMB and to facilitate
efficient record-keeping, there Is a need to reorganize the database by properly identifying the
establishments and entities who have undergone or is currently undergoing foreclosure or those
who have ceased to conduct business which are' covered by the OMS;

WHEREAS, there Is a eed to monitor the destination of the remaining Optical and
Magnetic Media and Manufacturing Equipment by closing entities since the said items are
regulated under the Inspection and Regulatory powers ofthe OMS;

r
WHEREAS, as part of its regulatory functIons, the OMS requires proper compliance with
the reportorial requirements provided under the Implementing Rules and Regulation of Republic
Act 9239, otherwise known as the "Optical M~la Act of 2003";

NOW, therefore, pursuant to Board Resolution No. 16-05-01 and the powers and
functions of the OMS under section 10 (a) and (c) of RA 9239 relative to the formulation and
granting and/or renewal of licenses, the following are hereby prom.ulgated:

I. ClOSURE OF BUSINESS

Section 1. Closure Requirement - Entities engaged in the; manufacture, importation,

acquisition, sale or distribution of Optical and Magnetic Media wh.b.intend to cease the said acts
and close their business are required, at least THIRTY(30) days befQr~actual closure, to notify the
Registration and Ucensing Divisions (hereinafter referred to as URLD~)of the OMS of such closure
and submit the following requirements:
 .-
d. A stdtcmelll ~ruvluillg for the reaSOl1 fUJ the du.:>UIc uf busilless,
b. An inventory of the remaining Optical dnd Magnetic Meuld. Mdllllh,':.tlllllll,;
Equipment, and related products,
c. A document stating the manner of diSlJosal of the abovemcntioneu items which
includes but is not limited to sale, destruction, donation. or assignment of the ~allle.
and

d. A true dnd complete record of all activities related to the conduct of its busint:>s for d

period of at least FIVE (5) years, pursuant to Section (7)(b) of the Implementing Rules
and Regulations of RA 9239.

'.'

Section 2. Coverage - This Titft shall cover closures by entities with regard to busilless
fOvered unuer RA 9239 as well as those engaged in the manufacture, importation, acqUIsition,
sale or distribution of manufacturing equipment, accessories and appurtenances of Optic.al anu
Magnetic Media. Such closure includes those entities which continue to exist as juridical entities
but have ceased to conduct the business contemplated in RA 9239.

Section 3. Closure - For the purpose of.this Circular, "Closure" shall refer to acts Ulldtlldkell
when it is no longer necessary or possible for a business to continue its operations.

The Closure referred to in this Circular does not refer to the termination of the Corporate life of
an entity and only covers businesses contemplated under' RA 9239.

Section 4. Transitory Provisions - This Memorandum Circular shall apply prospectively

without prejudice to pending actions for closure in the RLD from the date of effectivity of this
Memorandum Circular.

Section 5. Repeal - All orders, issuances, or parts thereof, which are inconsistent WIth the
provisions of this Circular, are hereby repealed or modified accordingly.
t(-
. '.
.Section 6. Severability - If any of the provisions of this Circular are declared invalid or
unconstitutional, the other provisio'ns o.ot affected thereby shall remain valid and subsisting.

Section 7. Effectivity - This Circular shall take effect within FIFTEEN (15) days from
publication hereof

~Q/
Atty. ANSELMO B. ADRIANO
Cha"ir & Chief Executive Officer

----------------- ._----- -- "-- .-.- .. _ .. _--_. ~------_._---.__ ._-~---_ .. _-----_._-_._._.-

 l{.:publll: u •.lh.: PhdlPl'lIl<':S
orrlCE OF THE PRESIDENT
OPTICAL MEDIA BOARD
No. 35 Scout Limbagu Sln:c[, DJ,:Y.Luging HaIllJa.l..!uczull l'il)". 1'IIIIiPI'III"~. 111I.\
Td. Nos. 373.6830.374-1393. Fax: 374-0217
W.:bsilt:: www.omb.gllV.rh

•• ,r
OffICE OF THE CHAIRMAN AND CEO
MEMORANDUM CIRCULAR 1\10. 2016-005

TO ALL CONCERNED

RE REGULATION OF PRINTING WITH RESPECTTO OPTICAL AND MAGNETIC MEDIA

INCLUDING ITSACCESSORIES.ADD-ONS. AND SUPPLEMENTS

WHEREAS,the Optical Media Soard (hereinafter referred to as UOMS") seeks to monitc-f

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 QpticaJ 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 Ucensing of Existing Establishments and ent~es engaged In acts provided under
.the Implementing Rules and Regulation of RepublicAet 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 OMS under Section 10 (a) and (c) of RA 92~9 relative to the formulation and
granting and/or renewal of licenses, the following are hereby promulgated:

I. PRINTING
' ..~
Section 1.. Registration Requirement; Printing - Entitie~ ~ngaged in Printing with regard to
Optical and Magnetic Media as well as their accessories, adcj.':.o;)$.., and supplements thereto are
required to register and acquire the necessary license amI 'i)~rmit with the Registration and
Ucensing Division (hereinafter referred to as "RLD") of the OP.ti.~~1 Media Soard;

Section 2. Covered Acts - This Circular covers and include;;, but is not necessarily limit~d lO.
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 mher packaging material
3. Labels on Accessories of Optical and. M.~:lgneticMedia
", ..

....•.

_._--- --_. __ ..._._-------- -------------_._ ...

 4. labds 011 dilY pdrt of the: tllJ PlUuuCl of OlJtiLdl dIlL! Ma~lldic.: lVIc:uia
5. All other accessories as mayb~ attached to the Optical and Magnetic
Media

Section 3. Covered Materials - This Circular COvers dny kind at material used a~ a 'C:Jbd on
Optical i:lnu Magnetic Media as well as its accessories, add-ons, packaging and supplernellts
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" shdll rt:ter to a
subordinate of supplementary item that contributes to the effect, result, or purpose of Optic<.J1
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 r efef to i:l
subor~illate of supplementary item that contributes to the effect, result, or purpose of OptiCal
dnd Magnetic Media in all forms.

Section 6. Fees - AII.applicants shall pay a one-time registratIOn fee of FIVE-Hl,JNDRED PeSOS
(PSOO.OO).In addition, a license fee of ONE THOUSAND PESOS (PI,OOO.OO) 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,OOO.OO)but
not more than ONE MILLION FIVE HUNDRED THOUSAND PESOS(PI,SOD,OOO.DO).
{-
Section 9. Transitory Provisions - This Memorandum Ciicu/ar 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 ofthis Circular, are hereby repealed or modified accordingly.

Section 11. Severability - If any provisions of this Circular is declared inValid or

unconstitutional, the other prO'./isions not affected thereby shall remain valid and subsisting.

Section 12. Effectivity - This Circular shall take effect within FIFTEEN (15) days trolll
publication hereof.

~~v
Atty. ANSE~MO B. ADRIANO
Chair & Chi.e..fExecutive Officer

--_._.~------------------ .. "- ----- --- _. --' -._. _. ---- -.---- ------------------------

 -
"" I

K.:publi.: uf lh~ Pllllippiu.:s

OFFICE OF THE PRESIDENT
OPTICAL MEDIA BOARD
Nu" 35 SCtlU1 liulb:Jg.u Slre':I, Bgy. Luging H:Jllua, QUC:lUlI Cny, P1.l1IiPPlll"~" (Ill.!
Tel. Nus. 373-6830. 37-l-1393. Fa.'\.: 374-0217
W.:bsil.:: www.tllllb.gov.ph

OFFICEOFTHECHAIRMAN AND CEO

MEMORANDUM CIRCULARNO. 2016-006

TO ALLCONCERNED

RE
PROHIBITIONAGAINSTBROKERS/MIDDLEMENIN FILINGAPpLICATIONS
WITH THEOPTICALMEDIA BOARD

WHEREAS,the Optical Media Board has been receiving applications and/or requests
with respect to matters covered by Republic Act 9239 and its Implementing Rules and
Regulations and that said applications were made by brokers for and in behalf of license
holders;

WHEREAS,there is a need for the Optical Media Board to institute the means to
regulate the applications and/or requests made to it;

WHEREAS,the facilitation of applications and/or requests by brokers can be used as

a loop hole to conduct fixing which is punishable by. Republic Act 9485 otherwise known a~',
the "Anti-Red Tape Act of 2007";

NOW, therefore, pursuant to Board Resolution llfl. 16-05-03 and the powers and
functions of the Optical Media Board under Section 10 (a) and (c) of Republic Act 9239 relati'Je
"to the formulation and granting and/or renewal" of licenses, clearances, and permits, the
following are hereby promulgated: ':

APPLICATIONSAND REQUESTS

Section 1. Applications and/or Requests - The Op"~cal Media Board shall accept
applications and/or requests only from the end-users themselves or the person/s that shall
directly benefit from the aforementioned application or request.

Section 2. Prohibition against Brokers/Middlemen - ~h~ Optical Media Board, pursuant

to Section 1 of this Circular, shall not accept any applicatl"g':l and/or request from Brokers,
Middlemen, and similar parties.

Section 3. Coverage - The provisions of this circular app."lies"

to all kinds of application
and/or requests made to the Optical Media Board, wheth~:i"formal or informal and without
distinction as to its use, whether commercial or private.

'--~------------~
.._----- ----- - ------
 .'

Section 4. Representatives - AfJfJlicdtions alllJ/OI I cqu~.:)lSrllaut= uy d relJre~~lll;j tive :.l1dll

only be accelJted by the Optical Media Board UPOII presentation of a Special Power of
Attorney specifically granting the said representative the power to n1ake the said apiJlicatiolls
and/or requests. Said applications shall disclose the end user with the requisite liability that
is joint and several for both end-user and representative.

Section 5. End-user - For the purpose of this Circular, "End-user" shall refer to a per.'>ofl
or persons who shall benefit from or ultimately use a IJroduet after it has been developed
and/or mar.'eted.

Section 6:.'. Brokers/Middlemen - for the purpose of this Circular, "Brokers/Middlemen"

shall refer to an intermediary or agent between two parties, the purpose of which is to ()s.sis.t
a party by acting as a representative without the requisite legal capacity.

Section 7. Application - For the purpose of this CirculClr, "AplJlication" shall rE::fertu allY
request by a person requiring an act on the part of tht= Optical Media Board in furtherance uf
the latter's duties as provided for in Republic Act 9239.

Section 8. Transitory Provisions - This Memorandum Circular shall apply prospectively

without prejudice to pending applications and requests in the Optical Media Board fronl the
date of effectivity of this Memorandum Circular.

Section 9. Repeal- All orders, issuances, or parts thereof, which are inconsisten t with the
provisions of this Circular, are hereby repealed or modified accordingly.

Section 10. Severability - If any of the provisions 9f this Circular are declared invalid c:r...
unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

Section U. Effectivity - This Circular shall take effecUwithin fiFTEEN (15) days from
pu~lication hereof.

Atty. ANSELMO B. ADRIANO

Chair & Chief Executive Officer

---_. -------- ----_ ..--- _._- ------.-_ .. - . ----- ._-_ .. _----._-~--_ ..._--._- ---- --- -_._--_._----