Under the new system, the Intellectual Property Department (IPD) oversees the registration of copyright and related rights. The Ministry of Commerce (MOC) issued the Copyright Rules in two notifications, dated October 23, 2023 and November 20, 2023, outlining the detailed procedures and providing official forms. On February 13, 2024, the IP Agency issued a notification detailing the required government fees.

“Previously, Myanmar operated under the old Copyright Act of 1914, where the protection of copyrights was automatic without the need for registration,” said Khin Myo Myo Aye, a senior associate at Tilleke & Gibbins in Yangon. “There was no statutory registration system in place under this act, and disputes relating to copyright, such as infringement cases, were typically resolved through the country’s common law practices. Then, in 2019, Myanmar replaced the Copyright Act of 1914 with the new Copyright Law of 2019.”

Under this law, rights holders can register their copyrights or related rights to prove ownership and applicable rights for their works. It also provides evidence of ownership and rights in case of disputes. However, Aye said implementation was delayed due to political unrest and administrative challenges, affecting the rollout of the registration system, before it became effective on October 31, 2023.

Aye also stressed the importance of the copyrights or related rights registration certificate issued by the IPD if applying for customs recordation with the Myanmar Customs Department. This process aims to protect their works and rights against unauthorized cross-border trade. However, as of February 2024, the specific requirements and processes for customs recordation, expected to be outlined in Customs Rules and/or notifications, are pending announcement. 

She added: “Authors, copyright owners, related rights owners, performers, phonogram producers, and broadcasting organizations have the option to voluntarily apply for the registration of their works under the new Copyright Law. One of the key benefits is that rights holders can also transfer and/or license their economic rights (in whole or in part) to any individual or legal entity following the specific procedures outlined in the new framework.”

According to Aye, the new law also allows any interested party or legal entity to apply for the cancellation of registered copyrights or related rights if they demonstrate sufficient grounds indicating adverse effects on individual or public interests.

With the new Copyright Law in effect, rights holders can seek civil remedies through the Intellectual Property Court for provisional measures to address concerns. Moreover, they have the right to pursue legal action against infringers through both civil and criminal proceedings under the substantive law and procedures. 

“The new Copyright Law provides for substantive punishments, including fines, imprisonment or both, for offences committed for commercial purposes,” said Aye. These offences include direct or indirect reproduction, communication or distribution to the public of protected copyrights or related rights, possession or trading of pirated copyright or related rights goods, and importing pirated copyright or related rights goods into Myanmar, as well as possession of materials used in making pirated copyright or related rights goods.

- Excel V. Dyquiangco