Myanmar introduces new procedures for IP border protection

Myanmar’s customs authorities have introduced significant new procedures for the border protection of intellectual property, specifically targeting copyright infringement. Under the Ministry of Finance and Revenue’s Notification No. 107/2025, dated September 11, 2025, a formal system for customs recordation has been established based on the 2019 Copyright Law. This new framework provides a proactive mechanism for copyright holders to partner with the Customs Department to intercept and detain pirated goods before they enter the country. While copyright protection in Myanmar is automatic upon creation, rights holders must first obtain an official registration certificate for their copyright or related rights before they can utilize this new recordation system.

The customs recordation process allows registered rights holders (or their legal representatives) to file an application using prescribed forms and supporting evidence. The Customs Department will notify the applicant of its decision within 15 days. Once accepted, the recordation remains valid for two years and is renewable for successive two-year periods, provided a renewal application is submitted at least 30 days before expiration. Rights holders are also responsible for keeping their information current, requiring them to notify Customs within five days of any amendments or withdrawals filed with the Intellectual Property Department.

Even if a copyright holder has not filed for customs recordation, they can still request a suspension order to stop the release of suspected pirated goods. This application requires the rights holder to present sufficient grounds to believe that infringing goods are being or are likely to be imported. The Customs Department will review this request and notify the applicant within 30 days. If the suspension is granted, the applicant must pay a security deposit within seven days. This deposit, detailed in Customs Department Announcement No. 1/2025, is set at either K10,000,000 (US$4,760) or 10 percent of the customs value of the suspended goods.

These new customs enforcement measures represent a crucial step for businesses seeking to combat piracy and protect their market in Myanmar, reducing economic losses and strengthening their legal position. However, these rules do not apply to all categories of goods. Specifically, the notification excludes transshipment cargo, reshipment cargo, retention cargo, goods in transit trade and goods imported with government approval for the public interest.