Enforcing Copyright Registration in Myanmar

The Myanmar Copyright Law, which was enacted on May 24, 2019, and came in effect on October 31, 2023, with Order 218/2024 by the State Administration Council, marked a significant milestone in intellectual property rights protection within the country. This law replaced the previous copyright act (1914) and introduced several key provisions aimed at safeguarding literary and artistic works and related rights. 

Under the new law, copyright protection extends to various forms of creative expression, including literary works, artistic works, and related rights such as those of performers, producers, and broadcasters. Copyright owners are entitled to both economic rights, which encompass the exclusive right to reproduce, distribute, transfer, and publicly perform their works, and moral rights, which protect the integrity and attribution of the work.  

Myanmar is not currently a member of the Berne Convention, and foreign works protection allows for works that are first published in Myanmar or published in Myanmar within 30 days of their first foreign publication.  

Copyright registration is not compulsory to obtain protection. The registration reference from the IPD is not conclusive proof; it serves as prima facie evidence. While registration is voluntary, it is advisable for copyright holders to register their works to establish prima facie evidence of ownership. 

The Intellectual Property Department (IPD) maintains a copyright registration platform accessible at crfile.ipd.gov.mm, allowing applicants to register their works in both Myanmar and English languages. Non-resident applicants must appoint a local representative with a notarized CR-11 Form (Appointment of Representative) to proceed with registration. 

There are total of 13 forms for the copyright registration process, and disbursement fees are issued for the registration process by the IPD. The official acceptance ceremony for copyright registrations took place on February 23, 2024. Therefore, copyright can be registered according to the new copyright law in Myanmar. 

The Myanmar Customs Department plays a crucial role in monitoring and preventing the illegal importation of copyrighted works. Through the application of suspicion orders, customs authorities can take action against infringing goods entering the country. Notably, the Customs Department only accepts suspicion order applications for works registered with the Intellectual Property Department. 

It is essential for copyright holders to be aware of their rights and obligations under the Myanmar Copyright Law. Litigation for copyright infringement must be initiated within three years from the date of the alleged violation, as stipulated by the Myanmar Limitation Law, and copyright holders can pursue both civil and criminal action. 

If you need further assistance with IP registration and consultation in Myanmar, please reach out to us at kass@kass.asia

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