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Custom Recordal of IPRs in Myanmar


Custom Recordal of IPRs
The Sea Customs Act of 1878 forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Myanmar.
Custom Recordal of IPRs is effective both on the import and export of goods.
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.
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.
The documents to be submitted are as follows:
  • Application letter;
  • 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;
  • Trademark specimen;
  • Brief identification guide of counterfeit/imitation goods and original goods; and
  • Any other documents or information requested by the MCD.
01 to 02 weeks is the application processing time.
The Customs department has a centralized system.
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.
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.
It is perpetual, and therefore, there is no need to apply for renewal.
The Customs department suspends the clearance of imported goods upon suspecting that the goods are infringing in nature.
A legal action has to be taken within 15 days (three days for perishable goods), else the seized goods will be released.
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.
The rights holder has 15 days to take legal action. If no action is taken, the goods are released for commercial exploitation.