Copyright © 2018 Trần & Trần
All other rights are reserved. This document and its contents are made available on an “as is” basis, and all implied warranties are disclaimed. The contents of this document do not constitute, and should not be relied on as, legal advice. You should approach a legal professional if you require legal advice.
I. LEGAL BASIS
At present, Myanmar has no IP Laws. Therefore, it also has no specific IP Governing Body as yet. In Myanmar, as domestic legislations, IP rights are protectable under the following existing laws:
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Myanmar Penal Code (1861)
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The Specific Relief Act (1877)
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The Sea Customs Act (1878)
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The Registration Act (1909)
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The Myanmar Copyright Act (1914)
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Myanmar Foreign Investment Law (1989)
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Myanmar Citizen Investment Law (1989)
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The Television and Video Law
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The Computer Science Development Law
II. COPYRIGHT RELATED MATTERS IN MYANMAR
1. Definition of Copyrights
Copyright is a legal term used to describe exclusive rights granted to authors, artists and other creators for their creations. These rights generally include copying, publishing, translating, adapting, altering, distributing, etc., and are granted automatically following the creation of the work.
2. Basic Information on Copyrights in Myanmar
Copyright for written work, film, music or software may be difficult for foreign companies to enforce in Myanmar under the current Myanmar Copyright Act of 1914 (CA 1914). Copyrights from other countries are not recognized in Myanmar and there are no procedures for registering foreign copyrights.
Myanmar has not yet implemented national treatment principles, despite being a TRIPs Agreement member. Myanmar is not a signatory to the Paris Convention nor the Berne Convention.
The CA 1914 protects copyright for original literature, dramatic and artistic works if:
(a) for published works, the work was first published in Myanmar;
(b) for unpublished works, the author was a Myanmar citizen or present in Myanmar when the work was created.
Infringement is actionable in both criminal and civil courts. Penalties are currently outdated and low (up to Kyats 500), though expected to increase.
There are no specific mechanisms for search, seizure, and disposal of infringing goods, but general criminal procedure provisions apply.
A Copyright Bill (July 2015) proposes national treatment and protection for life of the author plus 50 years.
Term of Protection
For domestic copyrights under CA 1914, protection lasts for the author’s lifetime plus 50 years. For works that can be mechanically reproduced, protection lasts 50 years from creation.
Registration
Myanmar currently has no copyright registration system. Copyright arises automatically upon creation.
Foreign copyrights are not recognized and cannot be registered. Companies may rely on alternative strategies such as trademark rules or the 1996 Television and Video Law.
