Myanmar Establishes Customs Recordation Rules for Trademark Protection

Myanmar’s Ministry of Planning and Finance issued Notification No. 50/2023 on July 14, 2023, establishing the rules, requirements, and procedures for registered trademark owners to safeguard their intellectual property rights through customs recordation in compliance with the relevant section of the Trademark Law 2019. The notification comes with eight forms for trademark-related customs concerns (three for applicants and five for the Customs Department).

Owners of trademarks registered under the Trademark Law 2019 can apply for customs recordation (directly or through a legal agent) to defend against cross-border trafficking in counterfeit products displaying their registered marks. The needed documentary proof, including any specified explicitly by the Customs Department, shall be included in applications using the appropriate form.

Owners of trademarks registered under the Trademark Law 2019 may ask for a suspension order to stop the release of goods into circulation regardless of whether a customs recordation has been filed by providing enough evidence to support the suspicion that counterfeit goods are being or will be imported into the nation. Applications may be submitted in English or Myanmar, and the Customs Department may demand a translation. Applications may be submitted electronically, via mail, or in person.

Within 30 days of receiving the application, the Customs Department will inform the applicant of the results. In order to avoid having the application refused, the applicant must submit the required security payment (which amount has not yet been determined) within five working days after the day the suspension order was issued.

Non-applicable Goods

The following Goods are exempt from intellectual property enforcement actions by the Customs Department as of 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.

Suppose the Customs Department finds sufficient proof that imported goods use suspected counterfeit trademarks during an inspection based on customs recordation or after accepting a suspension order. In that case, it will suspend the goods from free circulation in Myanmar and administer the suspended goods in accordance with the director general’s decision or the IPD’s order. 

*** Other Articles***

– You could visit here to see Procedure of Myanmar Trademark Registration.

– You could see the full new Myanmar Trademark law here

– You could visit here to see Procedure of Myanmar Trademark Registration (effective soon).

– You could visit here to check the required documents for filing trademark in Myanmar

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