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 the relevant customs rules.
Suspension Orders
Regardless of whether a customs recordation has been filed, a rights holder may apply to the Customs Department for a suspension order when there are reasonable grounds to suspect that goods bearing counterfeit marks or pirated works have been imported, are in the process of being imported, or are about to be imported into Myanmar. The requested suspension order can prevent the release of the suspected goods into free circulation.
If the Customs Department accepts the application for a suspension order, the applicant must pay the required security deposit within the prescribed period; failing this, the application will be deemed rejected. If the importer is dissatisfied with the suspension order, it may apply to the Intellectual Property Court with jurisdiction to amend or cancel the suspension period.
Once a request for a suspension order has been lodged, the customs authorities may review relevant shipments and, upon identifying suspicious goods or works, may temporarily suspend their release into Myanmar. Thereafter, the rights holder may be required to take further steps, including commencement of administrative or judicial proceedings within the period specified under the relevant laws and customs rules.
Enforcement in Practice
Trademark rights remain the most effective basis for customs enforcement. This allows goods with counterfeit marks to generally be identified through visual inspection at border checkpoints, as differences in labels, packaging, and other product features often make such goods more readily detectable. Copyright-based enforcement is also relevant, particularly in relation to pirated optical media and printed materials, although it appears to be invoked less frequently in practice than trademark-based measures.
From a practical perspective, rights holders should treat customs recordation in Myanmar as part of a broader enforcement strategy. It is essential to ensure that marks and copyrights are properly registered in Myanmar under the Trademark Law 2019 and Copyright Law 2019. In the absence of valid local registration, the customs recordation process and subsequent legal action can be challenged. Rights holders should also prepare clear and user-friendly product identification materials to assist customs officers.
Strategic Considerations for Brand Protection
For rights holders doing business in Myanmar, customs recordation should be viewed as a practical preventive enforcement measure, particularly for registered marks and copyrights. Early recordation, proper local registration, and well-prepared identification materials can improve the prospects of detecting and intercepting suspected infringing goods at the border.
While Myanmar’s IP enforcement regime remains in a formative stage under the IP laws enacted in 2019, customs recordation remains a useful and important enforcement tool under the Trademark Law 2019 and the Copyright Law 2019. By focusing on these applicable rights, maintaining robust supporting documentation, and engaging proactively with the Customs Department, rights holders can strengthen their ability to prevent the importation and exportation of infringing goods and pirated works, further safeguarding their IP assets in Myanmar.
For industrial designs and patents, IP owners should recognize that these rights are not supported by a practical customs recordation mechanism in Myanmar. Accordingly, protection should be pursued through timely local registration, careful maintenance of supporting technical and design documentation, and complementary enforcement measures available under the applicable existing legal frameworks. Rights holders should also monitor market activity and preserve evidence of infringement so that appropriate administrative or judicial action can be considered when needed.
