On 11 September 2025, the Ministry of Finance and Revenue of Myanmar issued Notification No. 107/2025 (“Notification 107”) introducing the Customs Rules on Copyrights and Related Rights. These rules establish a formal framework for recording intellectual property rights with the Customs Department and provide enforcement mechanisms to prevent the importation of infringing goods. The new procedures aim to enhance border protection of intellectual property and align Myanmar’s customs practices with international standards.
Outlined below are the key provisions introduced under Notification 107.
1. Recording of Copyrights and Related Rights
Applicants (or right holders) may now formally record their copyrights or related rights with the Customs Department by submitting a completed Form (1) to the Director-General. Upon receipt, the Customs Department will assess the application and, if complete, will register the records and notify the applicant using Form (2) within 15 days. If the application is incomplete, the applicant will be notified and given 7 days to provide the missing information. Should the applicant fail to submit complete information within the specified timeframe, the application will be rejected via Form (3).
Once accepted, the records remain valid for two years. Applicants may renew the records for an additional two-year term by submitting Form (4) at least 30 days before the current validity expires. Any amendments or withdrawals of previously recorded information must be reported to the Customs Department within five days of the change. If the Customs Department finds that the applicant has violated any provisions of the Copyright Law or related regulations, the recordation may be cancelled.
2. Suspension Orders Against Infringing Imports
Applicants who possess credible evidence or reasonable grounds to suspect that infringing goods are being imported into Myanmar may request a suspension order by submitting Form (5) to the Director-General. This application can be made regardless of whether the goods have been previously recorded with the Customs Department. For unrecorded goods, the applicant must also provide supporting documents, including proof of ownership or legal importation of the copyright or related right, evidence of infringement, and any other relevant materials.
Applications may be submitted in person, electronically, or by mail, and must be prepared in either Myanmar or English. If requested, a certified translation must be provided. The Customs Department will review the application and notify the applicant of acceptance using Form (6) within 30 days. If the application is incomplete, the applicant will be given 15 days to submit the missing information. Failure to do so will result in rejection via Form (7). Once accepted, the applicant must pay a security deposit within 7 days; otherwise, the application will be rejected.
3. Customs-Initiated Suspension Orders
In addition to applicant-initiated actions, the Customs Department may independently issue a suspension order if it finds credible evidence or reasonable suspicion that goods infringe copyrights or related rights. In such cases, the Department will notify both the right holder and the importer using Form (8). The right holder must then pay the required security deposit within 15 days to maintain the suspension. If the deposit is not paid, the suspension order will be cancelled, and the goods will be released to the importer with restrictions prohibiting public distribution or sale.
4. Appeals and Legal Proceedings
Importers who disagree with a suspension order may appeal to the Intellectual Property Court within 15 days of receiving the notification. The Customs Department is required to act in accordance with the Court’s decision. During the suspension period, both the applicant and the importer may inspect the goods simultaneously to verify infringement. The applicant must report the status of legal proceedings within 3 days for perishable goods and within 15 days for other goods. If necessary, the suspension period may be extended by up to 15 days. Failure to report within the prescribed period will result in cancellation of the suspension order and release of the goods.
5. Costs and Security Deposit Management
If the Intellectual Property Court confirms that the suspended goods infringe copyrights or related rights, the importer must pay the costs associated with storage, destruction, or removal of the goods within 30 days. Upon payment, the Customs Department will return the applicant’s security deposit. If the importer fails to pay, the Customs Department may initiate legal proceedings to recover the costs. Any remaining portion of the deposit will be refunded to the applicant once expenses are recovered.
However, if the Court finds no infringement, the applicant must compensate the importer for any damages resulting from the wrongful suspension. Proof of compensation must be submitted to the Customs Department before the security deposit is refunded.
6. Exemptions
Certain categories of goods are exempt from these rules, including transshipment cargo, reshipment cargo, retention cargo, and transit cargo. In addition, goods permitted by the State for public interest purposes are not subject to these provisions.
Conclusion
Notification 107 introduces a comprehensive framework for the protection of copyrights and related rights at Myanmar’s borders. By formalizing procedures for recording and enforcement, the Customs Department enhances its capacity to prevent the importation of infringing goods. Businesses involved in the import or export of copyrighted materials should familiarize themselves with these new rules and ensure compliance to avoid potential disruptions and liabilities.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
