Myanmar begins to accept copyright applications
Myanmar has commenced the process of accepting applications for the registration of copyright and related rights as of February 9, 2024, following the full implementation of procedures mandated by the new Copyright Law of 2019.
Under the oversight of the Intellectual Property Department (IPD), applications for copyright and related rights registration are now being managed. The Ministry of Commerce (MOC) has issued Copyright Rules through notifications dated October 23, 2023, and November 20, 2023, delineating detailed procedures and providing official forms. Additionally, on February 13, 2024, the IP Agency released a notification specifying the government fees required for registration.
Khin Myo Myo Aye, a senior associate at Tilleke & Gibbins in Yangon, highlighted the transition from the previous Copyright Act of 1914, where copyright protection was automatic without the need for registration, to the new Copyright Law of 2019. The new law allows rights holders to register their copyrights or related rights to establish ownership and applicable rights for their works, providing evidence of ownership and rights in potential disputes.
Aye emphasized the significance of the registration certificate issued by the IPD for customs recordation with the Myanmar Customs Department, aimed at safeguarding works and rights against unauthorized cross-border trade. However, as of February 2024, specific requirements and processes for customs recordation are pending announcement.
Under the new law, authors, copyright owners, performers, phonogram producers, and broadcasting organizations have the option to voluntarily register their works. This registration enables rights holders to transfer and/or license their economic rights to individuals or legal entities, following outlined procedures.
Furthermore, the new law permits interested parties or legal entities to apply for the cancellation of registered copyrights or related rights, provided they demonstrate sufficient grounds indicating adverse effects on individual or public interests.
With the new Copyright Law in place, rights holders can seek civil remedies through the Intellectual Property Court for provisional measures and pursue legal action against infringers through civil and criminal proceedings. Aye highlighted the substantive punishments prescribed by the law for commercial offenses related to copyright infringement, including fines, imprisonment, or both, underscoring the seriousness with which copyright protection is treated under the new framework.
*** 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
Contact AAA IPRIGHT: Email: [email protected]
Or sending your inquiry by filling the form:
