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 7, 2023

Myanmar Begins Enforcement of New Copyright Law and Rules

Subscribe to Updates
Managing Intellectual Property

Myanmar enacted its new Copyright Law on May 24, 2019, to replace the old Copyright Act of 1914. To implement the Copyright Law, the Ministry of Commerce (MOC) issued the Copyright Rules under Notification No. 70/2023 dated October 23, 2023, establishing procedures for registration of copyright and related rights. Both the new Copyright Law and the Copyright Rules finally came into force on October 31, 2023, in accordance with State Administration Council (SAC) Notification No. 218/2023. Subsequently, the MOC issued Notification No. 73/2023 on November 20, 2023, specifying the official forms for copyright and related rights matters to be filed with Myanmar’s Intellectual Property Department (IPD).

An announcement specifying the government fees under the Copyright Law is still awaited. Once these fees are announced and the IPD opens voluntary registration, the new regime for copyright and related rights in Myanmar is finally expected to be fully functional.

Overview

The new Copyright Law gives copyright protection for eligible literary and artistic works and for the related rights of performers, phonogram producers, and broadcasting organizations. The law also enables the use of technological protection measures to protect copyright in literary or artistic works or related rights. The unauthorized removal or alteration of digital rights management information is also strictly prohibited.

The law supports voluntary registration of copyright in literary and artistic works and related rights with the IPD. In addition, although Myanmar is not yet a contracting party to the Berne Convention (under which countries extend the same copyright protection to nationals and foreigners, regardless of publication in the country), the new Copyright Law extends copyright protection to foreign works created by noncitizens and nonresidents if they are first published in Myanmar or published in Myanmar within 30 days of first publication elsewhere.

The Copyright Law grants the following copyright protection terms for the economic rights of works:

  • Literary and artistic works: Life of the author plus 50 years.
  • Works of applied art: 25 years from the creation of the work by the author.
  • Audiovisual works and films: 50 years from publication with the consent of author.

Holders of economic rights are also granted the following protection terms:

  • Performers: 50 years from the year of the performance or fixation in any medium.
  • Phonogram producers: 50 years from the year of publication (or first fixation, if unpublished) of the phonogram.
  • Broadcasting organizations: 20 years from the year of the broadcast.

Authors’ and performers’ moral rights, on the other hand, are protected in perpetuity.

Existing unexpired copyrights under the old Copyright Act of 1914 will continue to be valid, with the same term of copyright granted under the new Copyright Law.

Copyright owners can transfer all or part of their economic rights. Likewise, related rights owners can transfer their economic rights with the consent of all concerned parties entitled to any related rights. Transfers of rights to registered literary and artistic works or related rights can be recorded with the IPD.

Registration Applications

After the announcement of official fees for copyright-related matters and further announcements, authors or owners of copyrights or related rights can voluntarily file applications to register these rights with the IPD electronically, in person (e.g., via local representative), or by post. Applicants who are not incorporated or resident in Myanmar must appoint a local representative via the required form, which must be notarized by a notary public of the country where the applicant is incorporated or resides. Applications for voluntary registration of copyright and related rights can be in either Myanmar or English language.

Enforcement

Disputes related to copyrights or related rights can be settled amicably, through arbitration, or through court proceedings under the new Copyright Law. Offenses under the Copyright Law include, among others, the unauthorized reproduction, transmission, or distribution of copyrighted works; possession of infringing goods for commercial purposes; and importation of infringing items into Myanmar.

The Supreme Court of the Union is empowered to establish intellectual property courts, and through a series of notifications (Nos. 961–965/2023) has granted jurisdiction to existing courts to try intellectual property-related cases (including those on copyrights or related rights). Holders of copyrights or related rights can file both miscellaneous civil cases for provisional measures and criminal or civil cases with intellectual property courts.

Border control measures (i.e., by Customs) for copyrights and related rights are also available under the Copyright Law.

Outlook

The full implementation of copyright protection under the new Copyright Law in Myanmar has progressed significantly. It is encouraging to see these remarkable developments after the initial passage of the law over four years ago, and copyright holders can look forward to further announcement of the official fees, which will fully pave the way for copyright recordation with the IPD.

This article first appeared in Managing Intellectual Property.

Download Full Article
Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

July 24, 2026
As food innovation continues to accelerate, manufacturers are increasingly introducing ingredients derived from new sources, produced using novel technologies, or lacking a significant history of human consumption. While these innovations create new opportunities for the food industry, they also raise important questions regarding consumer safety. For this reason, many jurisdictions, including Thailand, the European Union, Australia and New Zealand, Canada, and Singapore, require a premarket safety assessment for novel food ingredients before they can be placed on the market. The objective of this assessment is to ensure that each ingredient is safe for its intended use and level of consumption, does not present toxicological, allergenic, microbiological, or nutritional concerns, and will not mislead consumers. Scientific authorities typically evaluate the ingredient’s identity, manufacturing process, composition, specifications, anticipated dietary exposure, toxicological information, nutritional impact, and history of use before determining whether it can be marketed. Against this background, the Thai Food and Drug Administration (FDA) recently took an important step toward improving regulatory transparency by publishing, for the first time, a consolidated public list of substances that have successfully completed the Thai FDA’s safety assessment process, including substances determined to be novel foods and those determined not to fall within the novel food category. The list identifies the approved substances, the corresponding manufacturers or importers, approval dates, and the approved conditions of use. Although the publication does not change the existing legal framework governing novel food approvals, it provides businesses with greater visibility into the Thai FDA’s regulatory precedents and the types of substances that have previously been accepted through the safety assessment process. The full announcement is available on the Thai FDA’s website. As the list is now publicly available, it also provides useful insight into the types of substances that have successfully completed the Thai FDA’s safety assessment process.
Read More
July 24, 2026
Indonesia has updated its fee framework for intellectual property (IP)-related government services, with implications for IP owners, licensees, lenders, digital platforms, and businesses operating in the country. Government Regulation No. 30 of 2026 on Types and Tariffs of Non-Tax State Revenue Applicable to the Ministry of Law (GR 30/2026) was promulgated on July 2, 2026, and will take effect on August 1, 2026. Key Takeaways GR 30/2026, which replaces the relevant IP service fees under Government Regulation No. 45 of 2024, reorganizes the fee schedule into separate categories for copyright, industrial designs, patents, layout designs of integrated circuits, trade secrets, trademarks, geographical indications, IP enforcement, and other categories. The most commercially relevant changes include a new copyright recordation tariff exemption for songs and music, higher fees for several trademark and geographical indication services, new IP enforcement service fees, and a new fee type for registration of fiduciary security over IP rights objects. In addition, this is the first major update for trademark fees in approximately 10 years. GR 30/2026 is significant not only as a fee update but also as a further indication of Indonesia’s increasing recognition of IP as a financeable commercial asset. By expressly assigning fees to the registration of fiduciary security over IP rights objects, the regulation places IP-backed collateral filings within the Ministry of Law’s administrative service framework. While GR 30/2026 does not create a new secured-transactions regime, this development is relevant for lenders, borrowers, and IP owners structuring financing arrangements secured by trademarks, patents, copyrights, industrial designs, or other registrable IP rights in Indonesia. Copyright: New Fee Exemption for Songs and Music Recordation For copyright, GR 30/2026 creates a fee-exempt category for recordation of works or related-rights products for songs or music, while maintaining a separate category for other works and related-rights products. It
Read More
July 21, 2026
Thailand’s Ministry of Digital Economy and Society (MDES) published a notification establishing an expedited court-ordered takedown mechanism for online content in cases of “urgent necessity.” The notification, which was issued on July 17, 2026, under the Computer Crime Act B.E. 2550 (2007), as amended, took effect the following day. It significantly expands the categories of content subject to rapid government-initiated removal. Content Categories Subject to Takedown The notification defines “urgent necessity” (section 20, paragraph 5, of the Computer Crime Act) as circumstances where any delay in suppressing computer data may impact national security, religion, the monarchy, good morals, social culture, or public order. In this regard, it establishes four broad categories of content: Computer Crime Act offenses. National security offenses. IP and other criminal offenses, where it is contrary to public order or good morals and a competent officer has requested its suppression. Content contrary to public order or good morals, a broad residual category encompassing 14 subcategories approved by the Computer Data Screening Committee. The fourth category is the most expansive. Its 14 subcategories include: Content defaming, mocking, satirizing, or devaluing the monarchy. Online gambling advertising or facilitation. Offering illegal firearms for sale. Offering baraku (hookah) products or e-cigarettes for sale. Offering cannabis inflorescences or processed cannabis products for sale. Advertising or soliciting prostitution. Content inciting violence, hatred, or social division. Unauthorized overseas employment advertising. Offering boiled kratom juice for sale. Online sale or advertising of alcoholic beverages. Content satirizing or degrading Buddhism. Money lending at interest rates exceeding legally prescribed limits. Advertising or disseminating information about surrogacy services. Forgery of documents, cards, or official documents. Enforcement Procedure In cases of urgent necessity, a competent official assigned by the MDES permanent secretary must file a petition with supporting evidence to the court with jurisdiction, requesting an order to
Read More
July 15, 2026
Ambush marketing refers to a strategy in which a business associates itself with an event, campaign, or brand without paying for official sponsorship rights. The tactic is most visible in sports, concerts, and festivals, where official sponsors have invested substantially for exclusivity. Ambush marketers may use suggestive wording, event-themed imagery, athlete endorsements, venue-adjacent promotions, or social media campaigns implying a commercial connection with the event. Common Forms of Ambush Marketing Ambush marketing typically takes one of the following forms: Direct ambushing: using event names, logos, or mascots suggesting authorization Coattail ambushing: sponsoring an athlete or broadcaster connected with the event Subtle ambushing: themed advertising, venue-adjacent campaigns, or similar visual cues The legal analysis in each case turns on whether the marketing crosses from permissible event-based advertising into infringement, passing off, deception, or wrongful exploitation of goodwill, and the risk assessment is necessarily fact-specific. Thailand has no dedicated ambush marketing statute, so legality depends on execution. A campaign that merely comments on a public event may be permissible, but one that uses protected marks, creates consumer confusion, misrepresents sponsorship status, or makes unsubstantiated claims may trigger liability under various Thai laws, as laid out below. Ambush Marketing and Thailand’s Trademark Act The Trademark Act B.E. 2534 (1991) is the primary tool for addressing campaigns that use registered trademarks, event names, logos, mascots, or confusingly similar signs. The law gives registered trademark owners the exclusive right to use their mark for registered goods, and infringement risk arises when a nonsponsor uses an event mark or a confusingly similar sign in advertising. Even referential or playful use may create liability if it causes public confusion as to sponsorship or commercial connection. The law also preserves passing-off claims for unregistered marks. This matters because event names, taglines, or mascots may not always be
Read More