Customs Regulation for protection of trademark rights
In Brief
Myanmar’s Ministry of Planning and Finance issued the Notification No. 50/2023 relating to the Customs Regulation for Protection of Trademark Rights on 14 July 2023.
The Customs Regulation set out the procedure of the recording and suspension of importing the counterfeit goods into the Union to protect the trademark rights.
Key Takeways
A. Application for recording
An applicant or its representative may apply the recordation to the Director General of Customs Department by filing out the general information on right holders, personal data of applicants and company profile of applicant with the form-1.
Detailed of suspected goods for applying recordation to be required in the form as follows;
| Details | Required documents |
|---|---|
| ♦ Product Name | ♦ Trademark registration certificate (copy) |
| ♦ Description of goods | ♦ Supporting materials/tools and detailed description of goods to make them recognizable |
| ♦ Harmonized System (H.S Code) | ♦ Power of attorney |
| ♦ Registration No. at Myanmar IP Department | ♦ Public announcement |
| ♦ Registration date at Myanmar IP Department | ♦ Other necessary documents |
| ♦ Duration of the right |
If the application is complete and accurate, the Director General will provide a registration number and inform the result in Form-2 within 15 days from the date of acceptance the application. If the application is incomplete or inaccurate, the Director General will inform the result in Form-3 within 7 days from the date of acceptance the application.
The term of recordation is 2 years from the date of acceptance. The extension can be applied with Form-4 within 30 days before end of the two-year term.
If there are any changes on registered mark at Myanmar Intellectual Property Department (MIPD), the applicant shall inform to Customs Department within 3 working days from such changes.
B. Suspension order
An applicant may apply for a suspension order to the Director General of Customs Department by filing out general information of right holders, personal data of applicants and company profile of applicant with Form-5. If there is sufficient evidence that the goods affixed with the counterfeit mark, customs officer will suspend the importing of goods into the local.
Detailed description of suspected goods for applying suspension order to be required in the form as follows;
| Details | Required documents |
|---|---|
| ♦ Trademark Right | ♦ Trademark registration certificate (copy) |
| ♦ Description of the goods | ♦ Prima facie evidence of infringement |
| ♦ Harmonized System (H.S Code) | ♦ Supporting materials/tools and detailed description of goods to make them recognizable |
| ♦ Registration No. at Myanmar IP Department | ♦ Power of attorney |
| ♦ Registration date at Myanmar IP Department | ♦ Public announcement |
| ♦ Duration of the right | ♦ Other necessary documents |
| ♦ The reason of application for suspension of release | |
| ♦ Importer of the suspected goods for suspension | |
| ♦ Exporter of the suspected goods for suspension |
If the application is complete and accurate, the Director General will inform in Form-6 within 15 days from the date of acceptance the application. If the application is incomplete or inaccurate, the Director General will inform the result in Form-7 within 15 days from the date of acceptance the application.
The applicant shall pay a security deposit with the Customs Department within 5 working days from the notice of the acceptance of the application for the suspension order.
In the case of applying for a suspension order, the applicant and the importer must be informed of the acceptance of the issuance of the suspension order in Form-8.
If the importer is not satisfied with the suspension order, he may apply to the relevant Myanmar Intellectual Property Court to amend or revoke the suspension period and inform to the Director General of Customs Department within 15 days from the date of notification of the suspension order.
Miscellaneous
- The following imported goods shall not be subject to the requirements of Customs Regulation;
- De-minimis goods
- Transshipment cargo
- Reshipment cargo
- Retention cargo
- Transit trade cargo
- Goods that are permitted to be imported by the government for public benefit or an emergency situation.
3rd terms of accomplishment as AsiaIP’s Expert in Thailand.
Success is never-ending. This year is the third term of success for Somphob Rodboon, a Managing Partner of ILAWASIA CO., LTD., to be one of the 50 remarkable AsiaIP’s Experts in Thailand for year 2023, acclaimed by Asia IP publishing. He has continuously led the firm’s accelerated growth in intellectual property in prosecution and contentious matters.
The list profiles leading IP lawyers in Thailand following extensive interviews with corporate counsel, and with significant feedback from IP practitioners.
Accredited member to International Trade Council
ILAWASIA Co., Ltd. has been ceritified as accredited member to International Trade Council.
The International Trade Council (ITC) is synonymous with bringing together global professionals across a broad spectrum of industries.
Summer Clerks 2023
Congratulations to the law students from prestigious universities who successfully completed their respective internship at ILAWASIA from June to July 2023.
Meeting Regarding Trade Remedies Sub-Decree in Cambodia.
On 30th June 2023, attorney Vicheka Lay, partner of ILAW Cambodia Law Office, met with Cambodia’s secretary of commerce His Excellency Pich Rithi and his team, regarding the Sub-Decree on Anti-Dumping. This is part of the activity, as attorney Vicheka Lay is a national expert on trade remedies, funded by the Asian Development Bank (ADB).
The Seminar on the Enforcement of Competition Law & Related Regulations in Cambodia.
On 17th July 2023, attorney Vicheka Lay attended the seminar on the enforcement of competition law and related regulations, organized by the Genera Directorate of Consumer Protection, Competition and Fraud Combating. The seminar intended to promote the law on competition in general and other related regulations, including all procedures, related to business combination (merger & acquisition).
This event gave attorney Vicheka Lay the opportunities not only to delve into competition, merger and acquisition regulations, but only the opportunities to converse with relevant authorities and other lawyers of similar expertis
Participated as speakers on Copyright Law
On 16th June 2023, Thanapha Phetkeereeskul, and Thamolwan Insawang, IP Associates, represented the firm as speakers on the Thai Copyright Law and shared legal knowledge with one of media client in Thailand.
Participated as a speaker on Thai Importation to Myanmar and Cambodia Market seminar
On 8th June 2023, Our Managing Partner will be one of the speakers for the seminar session on the topic of “Thai Importation to Myanmar and Cambodia Market,” which will be hosted by LEO Global Logistics PCL.
Revocation of Notarized POAs for any IP-related matters in Lao PDR
In Brief
On June 26, 2023 the Department of Intellectual Property, Ministry of Industry and Commerce, issued a Notice of revocation the attachment of notarization for certifying the original power of attorney.
Key Takeaways
The Department of Intellectual Property (DIP) has informed that the notarization of attachment that was used to authenticate the initial power of attorney has been revoked as the DIP intends to facilitate and enhance the procedures on the submission of the application and required documents for registration. It also includes the filling of additional documents that are original and no longer requires a notarization for the power of attorney as following details:
Power of Attorney
Deed of Inventorship
Assignment
Licensing
Declaration of Change of Name and/or Address
The representative companies that require for submission of the original power of attorney must apply the regulation or law concerning the power of attorney and must be responsible for the authenticity power of attorney. The DIP will inquire or verify based on a case-by-case basis, if there are any suspicions.
Conclusion
As the new notice of revocation the attachment of notarization for certifying the original power of attorney, has been announced. The original versions of the accompanying documents mentioned above are no longer necessary for notarization.
However, the Applicant required to submit the original of POA to accompanying the registration.
This notice takes effect from June 26, 2023 onwards. We would like to inform you for acknowledgement and compliance. Should you need further information on Laos Intellectual Property law, please drop us a line at IP@ilawasia.com
2023 Asia IP Trademark Survey Rankings
We are honored to have been ranked Tier 2 in Trademark Contentious area of the Asia IP Trademark Survey Rankings 2023 in Thailand jurisdiction.
This ranking is based on feedback and recommendations from corporate counsel, intellectual property owners, and brand portfolio managers from around the region and the world, as well as submissions from law firms in the global/regional IP community.
ILAWASIA also handled all aspects of trademark portfolio management and trademark strategic consulting, including advice and handling trademark searches, trademark applications, and trademark prosecution in numerous countries around the global.
Furthermore, AsiaIP previously recognized ILAWASIA as Tier 2 in the Copyright Survey Rankings for 2022-2023, as well as Tier 2 in the Patent Contentious Rankings for 2022.
