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

October 23, 2025

Myanmar Sets Customs Recordation Rules for Copyrights

Subscribe to Updates

Myanmar’s customs authorities have introduced new procedures allowing copyright holders to protect their intellectual property from infringing goods at the border. The Ministry of Finance and Revenue issued Notification No. 107/2025 on September 11, 2025, establishing rules and requirements for customs recordation under the Copyright Law of 2019. The notification includes eight official forms for copyright-related customs matters—three for applicants and five for the Customs Department. This was followed by Customs Department Announcement No. 1/2025, dated September 29, 2025, which details the security required for suspended goods.

Customs recordation provides a proactive mechanism for rights holders to prevent importation of pirated works. By registering their works with the Customs Department, rights holders gain access to enhanced border enforcement measures, empowering customs officials to identify and intercept pirated goods before they enter the market.

While copyright protection in Myanmar arises automatically under the Copyright Law of 2019, a registration certificate for copyright or related rights is required to apply for customs recordation.

Customs Recordation

Registered copyright and related rights holders can apply directly or through authorized legal representatives for customs recordation to prevent cross-border trade in pirated works. Applications must use the prescribed form and include all supporting documentary evidence specified in the form.

The Customs Department will notify applicants within 15 days of receiving their application. Each recordation remains valid for two years from the date of acceptance and may be renewed for successive two-year periods by submitting a renewal application at least 30 days before expiration.

Rights holders whose works are recorded must notify the Customs Department within five days of any amendment or withdrawal of information at the Intellectual Property Department.

Suspension Orders

Registered copyright and related rights holders can request a suspension order to prevent release of pirated goods into free circulation, regardless of whether they have filed a customs recordation. Requests must present sufficient grounds to believe that pirated goods are being, will be, or are likely to be imported into Myanmar.

Applications may be submitted in English or Myanmar language and can be made in person, by post, or electronically. Translations may be required upon request.

The Customs Department will notify applicants of the outcome within 30 days. If accepted, applicants must pay a security deposit within seven days or the application will be rejected. The required security is MMK 10,000,000 (approximately USD 4,760) or 10% of the customs value of the suspended goods, in accordance with Customs Department Announcement No. 1/2025.

Non-Applicable Goods

Customs enforcement measures under Notification No. 107/2025 do not apply to the following categories of imported goods:

  • Transshipment cargo
  • Reshipment cargo
  • Retention cargo
  • Transit trade cargo
  • Goods imported with government approval for the public interest

Business Outlook

Customs recordation for copyrights and related rights is a proactive step businesses can take to combat the importation of pirated or otherwise infringing works. This process reduces the risk of economic loss and strengthens the rights holder’s legal position in enforcement proceedings.

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

December 30, 2025
The Intellectual Property Office of Vietnam (IP Office), with support from the Japan International Cooperation Agency (JICA), is drafting additional annexes to its Guidelines for Patent Examination, focusing on the examination of patent applications in the pharmaceutical and biotechnology sectors. The new annexes are expected to be officially issued in early 2026 as Annexes III and IV, following the successful issuance in 2023 of Annexes I and II addressing computer program-related inventions. The IP Office recently organized a seminar to gather feedback on the draft annexes from intellectual property representatives, academic institutions, research institutes, and other interested parties, emphasizing its intention to receive further constructive opinions to refine the guidelines for pharmaceuticals and biotechnology. Why These Guidelines Matter Patent examination in Vietnam has traditionally relied on the Guidelines for Patent Examination issued under Decision No. 487/QD-SHTT (2010), recently supplemented by Annexes I and II. While these documents provide a solid foundation, they do not fully address practical challenges in examining pharmaceutical and biotech inventions, particularly issues related to clarity, sufficiency of disclosure, enablement, features of function and utility, combination therapies, and inventions involving artificial intelligence (AI) applications in these fields. Annexes III and IV aim to close these gaps by introducing structured principles and illustrative examples. Guidance on Patent Specification Requirements Annex III provides detailed guidance on the requirements for patent specifications in pharmaceuticals and biotechnology, covering two main parts: Part A addresses sufficiency of disclosure, clarity of specifications, and consistency between claims and descriptions. Part B covers inventions related to Markush-type compounds, claims containing exclusion statements (disclaimers), and additional experimental data submitted during examination. The Guidelines outline specific disclosure requirements for subject matters such as compounds, formulations, pharmaceutical compositions, genes, polypeptides, proteins, vectors, transgenic organisms, modified organisms, and hybrid cells. Annex III emphasizes that disclaimers are not accepted
Read More
December 17, 2025
Vietnam’s National Assembly approved wide-ranging amendments to the Intellectual Property (IP) Law on December 10, 2025, marking one of the most significant overhauls of the country’s IP regime in recent years. The changes, which supplement and refine existing provisions, are designed to align Vietnam’s framework more closely with international standards while addressing practical challenges faced by rights holders and practitioners. The amendments will come into force on April 1, 2026. The most notable changes are detailed below. Recognition of partial and nonphysical industrial designs: Industrial design protection has been broadened to cover partial designs and nonphysical forms (class 32), explicitly extending rights to parts of products that are not independently circulated as well as digital and intangible product appearances. The law clarifies that the external appearances of nonphysical products are protected industrial designs, and circulation of digital copies of any part of that appearance will be treated as an act of using the industrial design. The provision on the industrial applicability of industrial designs has also been amended accordingly to include the uniform reproduction of nonphysical products in cyberspace. Resolving conflicts between overlapping rights: The IP Law provides a safeguard against conflicts when a single subject matter is protected by multiple IP rights. Where overlapping rights exist, the later-arising right will be terminated if its exercise interferes with the normal exploitation of an earlier right. The decision to terminate such a later right rests with the court. Use of published data for AI training: Organizations and individuals may use lawfully published and publicly accessible documents and data for scientific research, testing, and AI system training. Such use must not unreasonably prejudice the rights or legitimate interests of authors or IP rights holders. Where the documents and data fall under copyright or related rights protection, their use must also comply
Read More
December 5, 2025
One morning, a California-based company mapping its Southeast Asia rollout opened an unexpected cease-and-desist letter from a Vietnamese IP firm. To the company’s surprise, the letter asserted that a local client already owned the company’s brand in Vietnam and threatened legal action. This is not an isolated incident. In another recent matter in the sports industry, a squatter demanded at least USD 48,000 from our client to “resolve” a similar conflict. For brands entering Vietnam or expanding distribution there, these tactics can create acute risk at precisely the point at which market momentum is building. Vietnam’s rapid economic growth and deepening integration into global trade have made it an increasingly attractive destination for multinational brands. Those same dynamics have intensified a longstanding issue: trademark squatting. Vietnam has modernized its IP framework over the past decade, but its strict first-to-file trademark system continues to incentivize opportunistic filings by parties with no legitimate interest in a mark. As more foreign brands build their reputation abroad before turning to Vietnam, squatters remain alert to timing gaps and enforcement frictions. The First-to-File System: Advantages and Vulnerabilities Vietnam adheres closely to the first-to-file principle under its Law on Intellectual Property. In practice, exclusive trademark rights belong to whoever submits the earliest valid application to the Vietnam Intellectual Property Office, regardless of prior use in Vietnam. This approach offers administrative clarity and reduces evidentiary burdens compared to use-based jurisdictions. Yet it also creates fertile conditions for squatting. Bad-faith actors regularly monitor foreign markets, identify brands gaining traction, and move quickly to register those marks domestically, often long before the genuine owner enters the market or prioritizes local filings. By the time the true brand seeks protection, the squatter’s application (or registration) stands as a legal obstacle, pushing businesses toward costly oppositions, cancellations, or uncomfortable negotiations
Read More
November 26, 2025
On November 21, 2025, Myanmar’s Ministry of Commerce (MOC) issued Notification No. 103/2025 promulgating the Geographical Indication Rules (GI Rules), establishing a comprehensive framework for the registration and administration of geographical indications (GI), which are primarily governed by the Trademark Law of 2019. On the same day, the MOC released Notification No. 104/2025 specifying the required forms for GI-related matters. The GI Rules establish a comprehensive set of procedures for the entire GI application process, including filing applications, oppositions, cancellations, and invalidations, and appointing a local representative for GI-related matters. Under the Trademark Law and the GI Rules, domestic and foreign legal entities (organizations) that formally represent a defined group of stakeholders (such as producers or manufacturers of natural products or resources, agricultural products, handicrafts, or industrial products) and other competent authorities from government departments are eligible to apply for GI registration with the Intellectual Property Department (IPD) in Myanmar. Application A GI application can be submitted in either English or Myanmar language electronically, in person, or via post. Foreign applicants seeking to register a GI in Myanmar are required to submit a copy of the registration certificate from their country of origin with the GI application. This certificate must explicitly state the GI name of the protected product. Notably, foreign applicants are mandated to appoint a local representative in Myanmar to act on their behalf for GI-related matters with the IPD and appeal-related matters with the IP Agency. The form for appointing the local representative must be duly notarized in the applicant’s home country to ensure its legal validity and acceptance in accordance with the GI Rules. Application for Use of GI Logo Pursuant to the GI Rules, any interested individual, local or foreign, may submit an application to the IPD for authorization to use the GI logo,
Read More