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

July 18, 2023

Myanmar Sets Out Customs Recordation Rules for Trademark Protection

Subscribe to Updates

On July 14, 2023, Myanmar’s Ministry of Planning and Finance issued Notification No. 50/2023, which sets out the rules, requirements, and procedures for registered trademark owners to protect their intellectual property rights through customs recordation in accordance with the relevant section of the Trademark Law 2019. The notification is accompanied by eight forms to be used in trademark-related customs matters (three for use by applicants and five for use by the Customs Department).

Customs Recordation

Owners of trademarks registered under the Trademark Law 2019 can apply (directly or via a legal representative) for customs recordation to protect against cross-border trade in counterfeit goods bearing their registered marks. Applications using the specified form should attach the required documentary evidence, including any separately specified by the Customs Department.

If the application for recordation is accepted, the Customs Department will provide the applicant with a registration number within 15 days of receiving the application. Recordations are valid for two years from the acceptance date of the application and can be renewed every two years, 30 days before the expiration date.

According to the notification, owners of marks recorded by the Customs Department must notify the department within three working days upon amendment or withdrawal of any information related to the mark at the Intellectual Property Department (IPD), and submit any necessary documentation.

Suspension Order

Regardless of whether a customs recordation has been filed, owners of trademarks registered under the Trademark Law 2019 can request a suspension order to prevent the release of goods into free circulation by laying out sufficient grounds for believing that counterfeit goods are being or will be imported into the country. Applications can be in English or Myanmar language, and a translation may be required upon the Customs Department’s request. Applications can be submitted in person, by post, or electronically.

The Customs Department will notify the applicant of the outcome of the application within 30 days of receiving it. If it is accepted, the applicant must pay a security (amount not yet specified) as directed within five working days of the date of the suspension order; otherwise, the application will be rejected.

Non-applicable Goods

Intellectual property enforcement measures by the Customs Department cannot be carried out in relation to the following goods under this notification:

  • Goods below the threshold for collecting duties and taxes (de minimis goods);
  • Transshipment cargo;
  • Reshipment cargo;
  • Retention cargo;
  • Transit trade cargo; and
  • Goods imported with the government’s approval as required by the public interest or an emergency situation.

Outcomes of Recordation or Suspension

If the Customs Department, upon its inspection based on customs recordation or after accepting a suspension order, finds sufficient evidence that imported goods are using counterfeit marks as suspected, it will suspend the goods from free circulation in Myanmar and administer the suspended goods in accordance with the decision of the Customs Department’s director general or the IPD’s order.

For more information on these customs recordation measures, or on any aspect of protecting intellectual property in Myanmar, please contact Tilleke & Gibbins at [email protected].

Related Professionals

Practices

Customs and International Trade

Intellectual Property

Location

RELATED INSIGHTS​ 

April 3, 2026
On March 16, 2026, Vietnam’s Ministry of Public Security released a draft version of a new Decree on the Prevention and Combating of Cybercrime and High-Tech Crime to replace the currently effective Decree 25/2014/ND-CP. In the draft, the ministry has proposed a comprehensive regulatory framework aimed at addressing violations occurring within the cybersecurity domain, including measures related to intellectual property. Acts of Online IP Infringement Article 9 of the draft decree notably introduces specific provisions addressing online intellectual property infringement, with detailed lists of acts considered to constitute infringement in the online environment. Copyright and related rights infringement includes: Uploading or sharing works, performances, sound recordings, video recordings, broadcasts, computer programs, software, research, documents, theses, or other intellectual creations on digital platforms without the consent of the rights holder. Unauthorized livestreaming of copyrighted television programs, sporting events, or artistic performances. Uploading, sharing, storing, transmitting, or providing links to infringing works or digital content via websites, social networks, applications, or digital platforms. Providing or using software, tools, devices, or access codes to circumvent technological protection measures or evade lawful control mechanisms implemented by rights holders. Using artificial intelligence (AI) tools to replicate the ideas or structure of another person’s work without significant new creativity or without proper attribution, thereby causing damage to the original author. Industrial property infringement includes: Manufacturing, trading, advertising, or distributing counterfeit goods bearing counterfeit trademarks, geographical indications, or industrial designs, as well as goods infringing industrial property rights through online platforms. Unauthorized registration, appropriation, or use of domain names, account names, or digital identifiers that create confusion regarding the rights holder or the origin of goods or services. Producing, using, or offering for sale products containing all or part of a patented invention via online platforms. Advertising or introducing products with technical features or characteristics identical
Read More
April 1, 2026
On March 30, 2026, Thailand’s Customs Department announced a strategy to raise import duties on a broad range of consumer goods—including plastic items and electronics accessories—to their maximum statutory ceilings, which often sit at 30% or 40%. Many of these goods currently benefit from promotional or incentive rates as low as 5%. For importers, e-commerce platforms, and logistics providers, this development demands immediate attention. While these increases generally require cabinet approval, they do not require full parliamentary amendment of the Customs Tariff Decree B.E. 2530, as the Customs director-general and the finance minister hold delegated authority to adjust rates within existing statutory bounds. Businesses should not assume that the legislative process will provide significant lead time before higher rates take effect. Death of the De Minimis: Abolishing the THB 1,500 Loophole This “ceiling-rate” policy, which is designed to equalize the landed cost of foreign goods with the domestic production costs of Thai manufacturers, builds on a sweeping set of customs reforms that have already begun to reshape Thailand’s trade environment. The foundation of this new regime was laid on January 1, 2026, when Thailand formally abolished the longstanding THB 1,500 duty exemption for small imported parcels under Customs Notification No. 219/2568. Every imported item is now subject to VAT and applicable import duties for its declared value, regardless of parcel size or transaction amount. By narrowing the scope of exemptions previously granted to low-value goods under the Customs Tariff Decree B.E. 2530, the government has made clear that the era of tax-free cross-border micro-imports is over. Three-Phased Strategy and Legal Modernization The March 30 announcement is the second phase of a three-part regulatory roadmap: Immediate enforcement: The removal of the THB 1,500 loophole and the imposition of VAT on all parcels, effective January 1, 2026. Tariff realignment: The current
Read More
March 31, 2026
Vietnam’s most recent amendment of the Law on Intellectual Property (amended IP Law), passed by the National Assembly on December 10, 2025, and effective from April 1, 2026, represents one of the most significant updates to the IP Law in recent years. This amendment modernizes the IP framework, moving a step closer to international standards, while addressing the realities of Vietnam’s booming digital economy, e-commerce growth, and increasing foreign investment, which is crucial for Vietnam’s objective of complete economic transformation. For trademark practitioners, brand owners, and businesses, the changes are largely positive, as they promise faster processes, stronger enforcement tools—especially for online actions—and better commercialization options. However, they also introduce stricter requirements and a need for proactive preparation. Below are some of the most noteworthy changes in the amended IP Law related to trademarks. Significantly Shortened Timelines and Introduction of Fast-Track Examination The statutory timelines under the amended IP Law have been notably reduced: Substantive examination for trademarks is shortened from 9 months to 5 months (from the publication date). The publication period is shortened from 2 months to 1 month. A new fast-track mechanism allows substantive examination in as little as 3 months for qualifying applications (e.g., marks in actual use, facing infringement threats, or meeting government-specified criteria; details to be clarified in implementing regulations). The opposition period is shortened from 5 months to 3 months from publication. This is arguably the most welcome change. Vietnam’s IP Office has long faced criticism for lengthy backlogs, often stretching the trademark registration process to 18–24 months or more. The new timelines bring Vietnam closer to efficient systems. The fast-track option is particularly smart for high-value or urgent cases such as counterfeit threats on e-commerce platforms. However, careful preparation is mandatory for flawless applications from the start to maximize fast-track eligibility.
Read More
March 16, 2026
Indonesia’s Ministry of Law has introduced a new framework for patent applications that tightens filing requirements and introduces formal mechanisms for accelerated examination. Minister of Law Regulation No. 6 of 2026 on Patent Applications, which was issued on January 13, 2026, and took effect on February 23, 2026, serves as the implementing regulation for Law No. 65 of 2024 on Patents. It replaces the previous patent application framework (under Minister of Law and Human Rights Regulation No. 38 of 2018, as amended by Regulation No. 13 of 2021), which was considered no longer aligned with current legal, institutional, and technological developments. The regulation also reflects the institutional restructuring of the Ministry of Law and Human Rights into the Ministry of Law. Patent applications filed on or after February 23, 2026, must fully comply with the new regulation. Applications that were filed before this date will continue to be examined and processed under the previous regulation, pursuant to transitional provisions. Substantive Changes Definition of Invention The definition of “Invention” now explicitly includes systems, methods, and uses, in addition to products and processes. This expansion creates broader protection opportunities, particularly for software-enabled, digital, and method-based technologies, although it may also result in closer scrutiny during substantive examination. Excess Claims Fee Excess claims fees must now be paid at the time of filing. Failure to pay excess claims fees at filing results in the application being deemed withdrawn. There is no longer an option to defer payment to the substantive examination stage. This amendment forces applicants to face higher upfront costs. Patent claim strategy must be finalized prior to filing, reducing flexibility at later stages. Procedural and System Changes Fully Electronic Filing Patent applications must be filed electronically via the Directorate General of Intellectual Property (DGIP) online filing system. Assisted filings to
Read More