CUSTOMS RECORDATION
14 Jul 2023
Myanmar
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Customs recordation is a recommended cost-effective legal measure for enforcing intellectual property rights at border country entry points.
Once trademarks have been registered with the trademark offices, the customs recordation system offers an additional layer of protection. Registered trademark owners can share the recordation of their marks and necessary information with the local customs offices to identify unauthorized goods. If customs suspect any unauthorized products bearing a recorded trademark registration, customs may detain the goods and notify the owner of the recorded trademark registration to proceed with necessary actions.
On 14 July 2023, Myanmar’s Ministry of Planning and Finance issued Notification No. 50/2023, aimed at enhancing legal certainty and streamlining proceedings for Myanmar’s customs recordation process. The Notification recognizes that owners of Myanmar registered trademarks are entitled to file an application for recordation with the Myanmar Customs Department using a designated form to protect and enforce their intellectual property rights in accordance with the Trademark Law of 2019.
Under the Notification, recordations are valid for 2 years from the acceptance date of the application, with the possibility of renewal every 2 years by filing an extension within 30 days before the expiration date. On a case-by-case basis, additional documentation may be required during the application process. It is noteworthy that under the Notification, certain kinds of goods may not be applicable to customs recordation, such as transshipments, reshipments, and cargo retentions.
Furthermore, owners of registered trademarks may also file a request, either in person, by post, or electronically, along with sufficient evidence, for a suspension order of counterfeit goods. A suspension order application may be filed in English or in the Myanmar language, and a translation may be required.
Within 30 days of acceptance of a suspension request, the Customs Department will notify the applicant of the screening outcome. If an application is accepted, the applicant must pay a directed security amount within a specific timeframe; otherwise, the application will be rejected. Once the security deposit is made, the suspension order will become effective. Suspension orders assist to prevent the release of suspect products into free circulation in the domestic market, providing an additional layer of protection at the customs level.
The new Myanmar Customs Notification provides another major step forward in Myanmar’s impressive steps to protect the rights on intellectual property owners.
