GUIDELINES for the “The OMBeOriginal Zone Program”

I. RATIONALE

The OMBeOriginal Zone Program was conceptualized as part of the ongoing intensified anti-piracy awareness campaign of the OMB. The intent of the program is to formally recognize the outstanding campaigns and/or compliance of institutions and business establishments in support of OMB’s #OMBeOriginal and #NgayonNa campaigns.

This program articulates the recognition for institutions and business establishments that are fully compliant with Republic Act 9239, ensure the use of authentic and appropriate licensed software, and enforce absolute restriction to the access of websites considered as sources of piracy.

The award aims to acknowledge and give affirmation to the efforts of institutions and business establishments and in effect, motivate and encourage others to promote and nurture the value of respecting Intellectual Property Rights, and be proactive members of the community.

II. THE AWARD

Awards shall be conferred every February, in celebration of the OMB Anniversary Month represented by a plaque that bears the seal of the Optical Media Board and signature of the Chair & Chief Executive Officer. Awardees are selected in accordance with the award criteria herewith stated.

ACCEPTANCE OF NOMINATIONS & VALIDATION PERIOD:

Nominations will be open from 1 November up to 31 December of every year. The period of time set forth in the validation of the merits of a nominee is until February of the succeeding year.

OMBeOriginal Zone Award nominations may be done in two ways:

Based on OMB Records. OMB clients and stakeholders who meet the qualifications are automatically considered for review. OMB may, by itself, determine entities that are qualified for review under each category.

General Nomination. The public may nominate an entity under each category provided supporting documents are duly submitted. Nominations shall be addressed and submitted to the Office of the Chair and Chief Executive Officer. Both hand-delivered and online submissions via email (info@omb.gov.ph) are accepted.

SUPPORTING DOCUMENTS:

General Nominations must be submitted with one or several supporting documents such as:

a. Proof of authenticity of software

b. Valid and appropriate OMB Licenses/Permits

c. Certification of a piracy-free environment from IT Department and Management 

FREQUENCY OF NOMINATIONS:

1.Recipients of the OMBeOriginal Zone Award may be renominated for the succeeding years

2.If a nomination is not successful, it may be resubmitted for consideration for the succeeding years.

REVIEW PROCESS:

The nominations will be reviewed in a two-step process:

1.Administrative review. Following the submission of nominations, the Chair and CEO will review the submissions and the supporting documents and prepare a short-list of nominees. 

2.Assessment of Merit.  When the administrative review is complete, the Chair and CEO shall direct the Enforcement and Investigation Division, Registration and Licensing Division and Legal Division to validate the merits of the nominees.

The Optical Media Board reserves the right to present more than one award per category or to decline presenting an award in one or more categories during a given year, regardless of the number of received nominations.

VALIDITY OF THE AWARD:

An entity is considered as an OMBeOriginal Zone for a period of ONE YEAR only, during which, the awardee is not exempted from inspections by the OMB.

The Chair and CEO shall have the power to revoke the OMBeOriginal Zone Award if it was discovered and proved at any time that the awardee is in violation of RA 9239, or has deviated from the standards set forth in the criteria herein stated.Without prejudice to the filing of criminal or civil actions in appropriate cases, the OMB shall file administrative cases against and impose administrative penalties against the awardee/s.

Where an award is revoked, the Chair & CEO shall inform the awardee via a written notice confirming that the award has been revoked, the reasons for the decision and request that the OMBeOriginal Zone plaque is returned to the agency within 10 working days.

HALL OF FAME AWARD:

The HALL OF FAME AWARD shall be bestowed on entities who has shown an outstanding degree of demonstrated compliance (OMBeOriginal Zone Awardee) over a sustained period of five (5) CONSECUTIVE years.

Hall of Fame Awardees are not exempted from inspections by the OMB. The Chair and CEO shall have the power to revoke the Hall of Fame Award if it was discovered and proved at any time that the awardee is in violation of RA 9239, or has deviated from the standards set forth in the criteria herein stated. Without prejudice to the filing of criminal or civil actions in appropriate cases, the OMB shall file administrative cases against and impose administrative penalties against the awardee/s.

CATEGORIES:

CRITERIA:

1.All computers and IT equipment being used by its officers and employees, within its premises, must be running with authentic and appropriate licenses from operating systems and software providers.

2.Implements strict and absolute restriction to the access of torrent sites and other similar sites offering pirated content.

3.All storage devices (HDDs, SSDs, USB Flash Drives, SD cards) purchased and being used are authentic.

4.Duly licensed with the OMB for any and every OMB regulated activities they are engaged with.

5.For establishments that have tenants and/or concessionaires that fall under the jurisdiction of Republic Act 9239 (also known as the Optical Media Act of 2003):

a.Tenants/concessionaires must be duly licensed by the OMB and carries the necessary and appropriate OMB permits.

b.Tenants /concessionaires MUST NOT engage in the following:

  • sell pirated optical media products
  • sell counterfeit storage devices
  • sell and/or use Illicit Streaming Devices (ISD)
  • sell pre-loaded (with movies, music, and/or software) hard drives, USB flash drives, memory cards
  • offer downloading services
  • use pirated/downloaded material in any exhibition (PA system, television sets etc.)

III. DETERMINATION OF AWARDEE

  1. The Chair and Chief Executive Officer shall determine the awardee based on the criteria above-stated.  Notwithstanding, the Chair and CEO may, in his discretion, adopt, amend, and make any other determinations necessary in according the award.
  2. There can be two or more recipients of the award in a year.

  3. The decision of the Chair and CEO is final and binding.