The Optical Media Board (OMB) has labelled as baseless the charges by American IPR (intellectual property rights) lobbyists that the country is an exporter of pirated optical media products and turned the tables against the American motion picture association for being uncooperative in their efforts to put violators behind jail.

This was contained in a position paper submitted by OMB president and chief executive officer Eduardo B. Manzano to the Office of the US Trade Representative (USTR) in response to the allegations by the International IP Alliance (IIPA) that it submitted to the USTR, which is currently reviewing the IP regime of the US trading partners and the Special 301 Report is expected anytime this month.

The Philippines was listed in the priority watchlist of the US Special 301 Watchlist until 2005 and was downgraded in 2006 to the ordinary watchlist up to now after the USTR noted of some improvements in country’s efforts to enforce IPR protection and prosecute violators. “The allegation that we are an exporter of pirated optical media products is baseless,” said Manzano.

“The fact that there are imported counterfeit optical media products in the country negates the possibility that the Philippines can even import such products for exportation presupposes excess of supply in the local market. If there is excess of supply then there should be no need to import,” Manzano pointed out.

Manzano has enumerated OMB’s efforts last year. OMB conducted a raid in coordination with the Bureau of Customs last December that resulted to the confiscation of more than three hundred eighty two (382) boxes of supposedly blue ray copies of movies, which were eventually established to have been imported from China negating the allegation that the country is a major exporter of counterfeit optical media.

There were 13 replicating facilities operating in the country as of the year 2000. However, he said, this has gone down to three (3) as of January 2009 while others have voluntarily closed down due to the lack of market demand with the other one being razed down by fire.

For December of 2008 OMB also closed down three (3) warehouses containing imported recordable and rewritable optical media, Manzano added.

In addition, OMB has partnered again with SM Malls in that the said commercial establishment has required all tenants whose businesses are related to computer products to first secure license and accreditation from our agency before the approval of their lease contracts.

In terms of business software, OMB has noted that a single computer school in the country has paid P12 million to Microsoft in license fees. There have been other Philippine conglomerates that paid license fees to Microsoft. “The magnitude of the original products imported by Business Software Alliance members for the year 2007 and 2008 would show that our actions have delivered results and financial gain to them,” Manzano said.

In addition, the OMB has created a Technical Working Group to propose amendments to the charter of the OMB by expanding its jurisdiction to fight against unauthorized recording of movies.

No less than the MPAA has submitted its recommended proposals.

Manzano noted that during a meeting with OMB and the Motion Pictures Association of America, Philippine representative Alex Morrison of the Hill & Associate undertook to provide the OMB with a Special Power of Attorney from the members of the MPAA making OMB their attorney in fact to protect their rights and be their private complainants in the country. However, the promised SPA never materialized.