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Enforcement of IPRs in Myanmar

Myanmar

Enforcement of IPRs
The goods in Myanmar are easily available, that too, at cheaper rates. These two points are the causes of counterfeiting and piracy in the country.
Luxury clothing items and accessories are the goods that most often face counterfeiting and piracy in Myanmar.
Yes
They are as follows:
  • The Code of Civil Procedure, 1808
  • The Penal Code; 1860
  • The Specific Relief Act, 1877
  • The Sea Customs Act, 1878
  • The Myanmar Merchandise Marks Act, 1889
  • The Myanmar Merchandise Marks Act, 1889
  • The Code of Criminal Procedure, 1898
  • The Registration Act, 1908
  • The Myanmar Copyright Act, 1914
  • The Myanmar Copyright Act, 1914
  • The Land Customs Act; 1924
  • The Myanmar Patents and Designs (Emergency Provision) Acts, 1945
  • The Television and Video Law, 1996
  • The Computer Science Development Law, 1996
  • National Drug Law, 1996
  • Traditional Drug Law, 1996
  • The Traditional Drug Law, 1996
  • The Motion Picture Law, 1996
  • The Electronic Transactions Laws, 2004
Trademarks, Copyright, Patents, and Industrial Designs are the different types of IPRs protected by IPR enforcement in Myanmar.
A trademark needs to have established a reputation or “use” in Myanmar to be enforceable. Also, a POA in favour of local counsel is mandatory for seeking registration if the route of proper registration is taken.
Since the laws are considerably new, it requires consultation with local lawyers to understand the mode of operation in case of uncertainty. Also, considering use of the mark or IP asset as well as registering the same may prove significant in the long run.
Yes
A) Government Authorities -
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
No
01 to 02 years
N/A
None
Yes
Yes
A) Responsible Authority - Township, District, State, or Regional Courts and the Supreme Court
B) Imprisonment Term - 03 years
C) Monetary Fine -
No
No
Yes, the alternate route to mediation or negotiation is left to the parties as per their mutual agreement.
Yes
Yes
Other remedies available under border control measures (customs) in Myanmar include seizure and destruction of goods.
If an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs then the goods are released from detention.
Civil and Criminal proceedings are the best practices for enforcement of IPRs in Myanmar.
None