- CONGRESS OF THE PHILIPPINES TWENTIETH CONGRESS First Regular Session SENATE S. No. 1654 PREPARED AND SUBMITTED JOINTLY BY THE COMMITTEES ON PUBLIC INFORMATION AND MASS MEDIA; CIVIL SERVICE, GOVERNMENT REORGANIZATION AND PROFESSIONAL REGULATION; AND FINANCE WITH SENATORS GATCHALIAN AND VILLANUEVA AS AUTHORS THEREOF AN ACT ABOLISHING THE OPTICAL MEDIA BOARD CREATED UNDER REPUBLIC ACT NO. 9239, TRANSFERRING ITS POWERS AND FUNCTIONS TO THE INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Abolition of the Optical Media Board. -
The Optical Media Board (OMB) created under Republic Act No. 9239 or the "Optical Media Act of 2003", is hereby abolished.
SEC. 2. Transfer of Powers and Functions to IPOPHL. -
of the OMB All powers, functions, and responsibilities under Section 10 of Republic Act No. 9239 on: (a) and of Licensing, regulation, inspection establishments engaged in reproduction and distribution of copyrighted works in physical media or their digital equivalents, including visitorial powers; (b) Enforcement of administrative and penal provisions relating to unauthorized reproduction of copyrighted works; and (c) Database and registry maintenance on licensed establishments and reproduction equipment are hereby transferred to the Intellectual Property Office of the Philippines (IPOPHL). The IPOPHL may create a separate division under its Bureau of Copyright and Related Rights to perform the OMB functions so transferred
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SEC. 3. Absorption of Affected Personnel, Separation,
and Retirement Benefits. - The IPOPHL shall absorb the 3 employees of the Secretariat of the abolished OMB, 4 without diminution of their salaries and other benefits. 5 Employees who are separated from the service as a result of the abolition of the OMB and its Secretariat shall 7 receive separation benefits under applicable laws and regulations: Provided, That those who are qualified to retire under existing laws shall be allowed to retire and receive retirement benefits to which they may be entitled under applicable laws, rules, and regulations.
SEC. 4. Transfer of Properties and Resources to
IPOPHL. - The IPOPHL shall be subrogated to all the rights and assume all the obligations and liabilities, and receive all records, property, assets, equipment, and funds of the OMB, including unexpended appropriations or allocations.
SEC. 5. Appropriations. - The funds necessary to
implement this Act shall be sourced from current
appropriations of the OMB. Thereafter, appropriations shall be included in IPOPHL's annual budget.
SEC. 6. Repealing Clause. - Any law, presidential
decree or issuance, executive order, letter of instruction, administrative order, proclamation, charter, rule or regulation, or parts thereof contrary to or inconsistent with the provisions of this Act is hereby repealed, modified, or amended accordingly.
SEC. 7. Separability Clause. - If for any reason, any
section or provision of this Act is declared unconstitutional or invalid, other sections or provisions which are not affected thereby shall continue to be in full force and effect.
SEC. 8. Effectivity. - This Act shall take effect after
fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation. Approved,