Is Custom Recordal of Intellectual Property Rights (IPRs) available in Myanmar?
Is Custom Recordal of IPRs compulsory in Myanmar?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Myanmar?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Myanmar?
The Sea Customs Act of 1878 forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Myanmar.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective both on the import and export of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
The Customs provide examination and investigation of goods imported and exported in accordance with the law, rules, and regulations, and take action against non-compliance. They work in coordination with other allied law enforcement agencies and support the progress of trade and national economic development.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
The Myanmar Customs Department, a governmental agency of the Ministry of Finance, provides for the recordation of trademarks upon application of the owner. The applicant has to provide necessary documents and also it may inform the customs regarding any suspected importation.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
The documents to be submitted are as follows:
Distribution agreement or supply agreement with local distributor or partner;
Declaration of ownership of trademark;
Cautionary notice published in Myanmar newspapers;
Date of first use in Myanmar and outside of Myanmar;
Description of the product/products;
Brief identification guide of counterfeit/imitation goods and original goods; and
Any other documents or information requested by the MCD.
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
01 to 02 weeks is the application processing time.
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Myanmar by land, sea, and air?
The Customs department has a centralized system.
Is there an online system for Custom Recordal in Myanmar?
An application letter from the rights holder or the authorized agent (law firm) has to be addressed to the Director General, Myanmar Customs Department, Yangon.
What is the official fee for Custom Recordal in Myanmar?
The recordal application does not involve any fee. However, the application has to be affixed with a 1,000 MMK (approximately 0.70 EUR) stamp.
What is the term of Custom Recordal of IPRs? Can it be further renewed?
It is perpetual, and therefore, there is no need to apply for renewal.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Myanmar?
In which scenario does the customs department/authority suspend the clearance of imported goods?
The Customs department suspends the clearance of imported goods upon suspecting that the goods are infringing in nature.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
A legal action has to be taken within 15 days (three days for perishable goods), else the seized goods will be released.
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
The customs detain the said goods and inform the rights holder of the same. After the intimation, the rights holder is given the opportunity to inspect the goods alleged of infringement.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
The rights holder has 15 days to take legal action. If no action is taken, the goods are released for commercial exploitation.
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Myanmar? If yes, then kindly give 2-3 points?
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?