You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

December 21, 2023

Brand Protection at the Myanmar Border: Insights and Strategies from the Front Line

Subscribe to Updates
World Trademark Review

Can rights holders record trademark and brand-related IP information with customs and, if so, how?

Rights holders can record their registered marks with the Myanmar Customs Department to protect their intellectual property rights from cross-border trade in counterfeit goods bearing their registered marks under the Trademark Law, which came into force on April 1, 2023. Furthermore, regardless of whether they have filed a customs recordation, registered mark owners can request a suspension order to prevent the release of goods into free circulation if they have evidence giving reason to suspect that counterfeit goods are being—or will be—imported into the country, in accordance with Section 68 of the Trademark Law’s.

According to Ministry of Planning and Finance (MOPF) Notification No. 50/2023, once a trademark is registered under the Trademark Law in Myanmar, the registered mark owner is entitled to apply for a customs recordation with the Customs Department directly or via a legal representative at no cost. Unless the mark is registered with the Intellectual Property Department (IPD) under the Trademark Law, a customs recordation or suspension order cannot be applied.

A customs recordation is valid for two years from the date of the application’s acceptance. The recordation can be renewed every two years, 30 days before the expiration date. After the customs recordation is made, any information amended or withdrawn for the registered mark at the IPD must also be provided to the Customs Department within three working days, together with any necessary documentation reflecting the amendments or withdrawal.

Customs recordation is not available for industrial designs. The Industrial Design Law and Industrial Design Rules do not provide the requirements and process for a customs recordation or suspension order in relation to industrial designs. Section 68 of the Industrial Design Law indicates that, upon a rights holder’s request, the Court of Intellectual Property Rights can order provisional measures as it sees fit to prevent the infringement of the rights to the registered industrial design and to prevent the entry of the infringing goods into the domestic market. This includes imported goods after the payment of leviable duties to the Customs Department and customs clearance. In addition, the Industrial Design Law allows the Court of Intellectual Property Rights to issue a final decision on destroying the infringing goods or preventing such goods from entering the Myanmar market.

Are copyright registrations also registrable with Customs?

Under Myanmar’s new Copyright Law (enacted in 2019 and brought into effect on October 31, 2023 under State Administration Council Notification No. 218/2023), rights holders can apply at the Customs Department for a suspension order of the release of goods suspected of infringing copyright or related rights into free circulation if there are reasonable grounds for suspecting that the goods infringe copyright or related rights. The Copyright Rules under the Ministry of Commerce’s Notification No. 70/2023 setting up the procedures for copyright-related matters silents about the customs recordation or suspension order process. Subsequent rules and regulations laying out the requirements and procedures for an application of customs recordation and suspension order are being prepared.

While Myanmar has yet to ratify the Berne Convention, works by non-citizens or non-residents are protected under Myanmar’s Copyright Law 2019 if they are created and either first published in Myanmar or published in Myanmar within 30 days of the first publication in another country. The protection of copyrights automatically arises without a need for registration with the IPD.

Can brand owners send customs officials a product information guide or any additional materials to assist them in identifying genuine products?

MOPF Notification No. 50/2023 indicates that rights holders can provide the Customs Department with product information. This can include the:

  • product name;
  • details about the mark’s registration (e.g., registration date, number, and term);
  • supporting materials or tools; and
  • a detailed description for how to recognize the goods.

Documents can be attached to assist the Customs Department in identifying the genuine products; however, the notification does not indicate the specific type of documents for identification. No precedent is yet available to clarify the specific documents or other materials to send to the Customs Department for product identification as all marks filed under the Trademark Law are still pending registration, which means they cannot yet be the subject of an application for a customs recordation or suspension order.

What is the typical process for confiscation or further investigation in the event that customs officials identify potentially counterfeit goods?

If the Customs Department discovers potentially counterfeit goods or goods bearing a counterfeit mark, it will notify the relevant rights holder and importer that they may examine the suspected goods at the same time under the Customs Department’s supervision. The rights holder can apply to the Court of Intellectual Property Rights to take provisional measures for its damages. The importer is allowed to apply to the Court of Intellectual Property Rights if unsatisfied with the suspension order. The Customs Department is empowered to administer the suspected goods in accordance with the decision of the Director General of the Customs Department or the order of the Court of Intellectual Property Rights.

Upon a decision of the Court of Intellectual Property Rights confirming that the goods are counterfeit or bear a counterfeit mark, the Customs Department must take action accordingly, with the importer responsible for paying the costs of storing, destroying, and removing the goods. If the Court of Intellectual Property Rights decides that the goods are not counterfeit or do not bear a counterfeit mark, the rights holder must pay court-ordered compensation to the importer for the wrongful suspension and detention of the goods. The Customs Department can exchange information about allegedly infringing goods with other countries through the World Customs Organization.

How will brand owners typically be contacted when suspicious or counterfeit goods are identified?

Under the Trademark Law, regardless of whether an application for a suspension order has been filed with the Customs Department, the Customs Department must suspend the release of goods into free circulation whenever they find goods bearing a counterfeit mark. Without leaking confidential information, the Customs Department will notify the relevant rights holder and importer about the suspension order.

The rights holder must take legal action or inform the Customs Department about the actions of the Court of Intellectual Property Rights on provisional measures during the period specified under the Trademark Law and Trademark Rules, failing which the Customs Department will release the goods.

Are there any time-sensitive considerations that brand owners should be aware of when dealing with customs-related IP enforcement?

Upon the Customs Department’s acceptance of an application for a suspension order, the applicant must pay a security as directed within five working days from the date of notification of acceptance of the application, or else the application will be rejected. After the Customs Department issues a notification regarding its suspension order upon finding counterfeit goods, rights holders must take legal action (e.g., apply for a provisional measure at the Court of Intellectual Property Rights) within 15 days (or three days for perishable goods) from the date of the notification. If appropriate, the Customs Department may grant an extension of another 15 days before the expiration of the first 15 days.

What are the potential costs involved in working with customs officials to protect a brand’s intellectual property?

A customs recordation for a registered mark can be filed at no cost. However, the rights holder must pay a security (the amount has yet to be specified) to the Customs Department for an application for a suspension order to protect its intellectual property rights against cross-border trade. (No precedent is yet available.)

Can you provide examples of successful collaborations between international companies and customs authorities that have resulted in tangible results?

No precedents or examples under the Trademark Law are currently available. The Trademark Law came into effect on April 1, 2023, and the IPD commenced full operations on April 26, 2023. Therefore, registrations of all filed marks filed under the Trademark Law are still pending as of October 2023. Customs recordation or suspension orders for marks can be made only after the marks are successfully registered under the Trademark Law.

What proactive strategies can brand owners employ to enhance their partnership with customs officials?

Myanmar has implemented its new first-to-file system for statutory protection of trademarks following the enforcement of the Trademark Law. Registration under the Trademark Law is mandatory for mark owners to claim their exclusive rights over a mark. Brand owners should apply to register their marks under the country’s Trademark Law to secure their intellectual property rights, then make a customs recordation with the Customs Department upon successful registration of the mark to enjoy protection with regard to cross-border trade.

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

July 9, 2026
Recycling, upcycling, and refill-packaging models are now widely promoted as ways to reduce waste, lower carbon emissions, and respond to consumer demand for sustainable products. However, complications arise when these environmentally driven trends intersect with intellectual property law—particularly where reused or altered packaging continues to display third parties’ registered trademarks. Adding to this complexity, Thailand’s draft Sustainable Packaging Management Act aims to introduce new environmental compliance obligations that businesses must navigate alongside existing trademark concerns. Recycling and upcycling packaging may infringe trademark rights, especially in cases not protected by the first-sale doctrine—the principle that a trademark owner’s rights over a particular mark-bearing product end once the owner first sells it. Furthermore, even refill packaging carries legal risk due to specific statutory prohibitions under Thai law. Compounding these challenges, the draft Sustainable Packaging Management Act will impose extended producer responsibility (EPR) obligations on manufacturers and brand owners, requiring them to manage packaging throughout its lifecycle. These overlapping legal frameworks could deter manufacturers from pursuing ESG-aligned business models unless businesses understand how to navigate both trademark and environmental requirements. Under Thai law, this issue remains uncertain because the Trademark Act does not expressly codify the first sale doctrine, also known as the exhaustion of trademark rights. Generally, this doctrine provides that once a trademark owner has lawfully sold goods bearing its trademark, the owner’s right to control further resale of those particular goods is exhausted. The rationale is that the owner has already received commercial benefit from the first authorized sale; therefore, the purchaser should be free to resell or otherwise dispose of the goods. Although the doctrine is not expressly codified in the Trademark Act, Thai courts have recognized it in relation to genuine goods and parallel imports, as seen in a Supreme Court Judgment No. 2817/2543 in which the
Read More
July 6, 2026
Indonesia’s regulation on reporting online intellectual property (IP) infringement provides comprehensive procedural guidance for IP rights holders and their licensees in reporting online infringement complaints. Issued in December 2025 by the Ministry of Law as Regulation No. 47 of 2025 regarding Handling of Intellectual Property Infringement Reports in Electronic Systems, this regulation covers all types of IP rights. It also specifies documentation when reporting infringement, and lays out the procedures for examination, verification, and enforcement actions. Submission of Complaints Complainants may submit reports through the online system of the Directorate General of Intellectual Property (DGIP) or in person at the DGIP office. Complaints may also be filed through an authorized proxy. Under the regulation, complainants are required to provide the following information and documents: Personal details of the complainant; Brief description of the protected work or subject matter (i.e., type of IP and name or address of the infringing website, portal, account, or application, or a link to the location of the infringing content); Complete description of the alleged infringement; Certificate of registration or recordal of the relevant IP; Recordal of IP license agreement, if any; and Other supporting evidence. Verification and Examination Process Upon receiving a complaint, the responsible formality officer may request clarification or additional supporting documents. In the latter case, the complainant must then submit the necessary administrative documents within 14 days of the notification date. Once the documentation is deemed complete and sufficient, the case will be formally registered. Subsequently, the DGIP will establish a verification team to handle online IP violations, which will include the Civil Servant Investigator (PPNS), the Ministry of Communication and Digital Affairs, experts with relevant expertise in IP, and representatives from related associations such as AVISI (Indonesian Video Streaming Association). After examining the report, the team will prepare the Minutes
Read More
June 30, 2026
Customs recordation is an enforcement mechanism in Myanmar that enables intellectual property (IP) rights holders to seek prevention of the cross-border movement of infringing goods. The enactment of Myanmar’s IP laws in 2019 has enabled customs recordation for registered marks and copyrights under the Trademark Law 2019 and the Copyright Law 2019. By contrast, the Patent Law 2019 and the Industrial Design Law 2019 do not provide a practical framework for customs recordation, and accordingly such rights are not subject to the customs recordation regime. Under the Trademark Law 2019, rights holders may apply for customs recordation and may also ask the Customs Department to suspend the release of goods suspected of bearing counterfeit marks. Likewise, the Copyright Law 2019 allows for customs intervention in relation to pirated works. These provisions reflect Myanmar’s gradual alignment with international standards on border measures, although the implementation framework remains at a relatively early stage of development. Customs Recordation Pursuant to the Trademark Law 2019 and the Copyright Law 2019, the relevant authorities have issued customs rules concerning the protection of registered marks and copyrights. In practice, the process generally begins with the submission of an application to the Customs Department together with supporting documentation. This typically includes proof of registration in Myanmar; details of the rights holder, applicant, and any authorized representative; and a comprehensive description of the genuine goods. Product identification materials—such as photographs, packaging samples, and distinguishing features—are particularly important in helping customs officers identify suspected infringing goods. A recordation remains valid for two years from the date of approval. It may be renewed for additional two-year terms, provided that the renewal application is filed within the thirty days prior to expiry for marks and up to thirty days in advance of the expiry date for copyrights, in accordance with
Read More
June 24, 2026
Patent enablement requirements are provided under Article 102 of Vietnam’s Law on Intellectual Property (IP Law). In particular, a patent specification must “fully and clearly disclose the nature of the invention to such an extent that, based on the specification, a person having ordinary skill in the relevant art can implement the invention.” In pharmaceutical and biotechnology patents, this requirement is more complicated and subject to more rigorous assessment. The Patent Examination Guidelines (Guidelines) of the Intellectual Property Office of Vietnam (IP Office) were amended in March 2026 to introduce Annexes III and IV for the pharmaceutical and biotechnology sectors, in which Annex III provides detailed guidelines on the assessment of specification requirements. These amendments were made under a project for strengthening capacity in industrial property examination between the Japan International Cooperation Agency (JICA) and the IP Office. Annex III provides detailed instructions on how examiners assess enablement in a pharmaceutical or biotechnology application, and offers examples of acceptable and unacceptable descriptions with regard to the enablement aspect. Enablement Requirements in Pharma and Biotech Patents Article 12.7 of Circular 10/2026/TT-BKHCN (Circular 10) adds to the requirements of Article 102 of the IP Law that the description must demonstrate the novelty, inventive step, and industrial applicability of the technical solution. For pharmaceutical composition subject matters, Article 12.9 of Circular 10 sets out that the description must present the results of clinical trials and/or the pharmacological effects of the claimed pharmaceutical composition, and must include at least the following information: Substance/mixture used. Testing method (system) employed. Information on the test results. Correlation between the pharmacological effects obtained from the tests and the application of the pharmaceutical product in the prevention, diagnosis, and treatment of diseases. The Guidelines note that pharmacological study results should be presented in a quantified manner, and pharmacological
Read More