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.
