On July 14 , 2023 , the Ministry of Planning and Finance of Myanmar issued Notice No. 50/2023 “Customs Rules for the Protection of Trademark Rights” (“Customs Rules”). The framework establishes a legal system for registered trademark rights protection (including ex officio protection) to combat the flow of counterfeit products into Myanmar, which is of particular significance. In view of this, we strongly recommend that trademark owners take proactive steps to register their trademarks with the customs authorities.
“Customs Rules”
The “Customs Rules” consist of 7 chapters and 24 rules. There are 8 specific forms related to the process and prerequisites for customs filing and submission of customs applications. These applications seek to obtain import stop orders for suspect goods involving counterfeit trademarks. These goods have been imported or are being imported into Myanmar.
Customs record
Trademark rights holders or their agents may apply to the customs authorities for recordation. If the application meets the requirements, the customs authorities will notify the applicant to accept the application within 15 days from the date of submission. Customs registration is valid for 2 years from the date of acceptance of the application. Renewal applications must be submitted within 30 days before the expiration date. Customs filings can be modified and revoked. The official cost of customs filing is unclear.
Stay order
Customs authorities may issue suspension orders on suspect goods that have been imported, are being imported or will be imported into Myanmar. Applications for a stay order may be filed electronically or non-electronically. If all requirements are met, acceptance of the application for a stay order will be confirmed within 30 days from the date of submission of the application. If the application is approved, the deposit specified by the Customs Director must be paid within 5 working days. Otherwise, the application for a stay order will be dismissed.
Certain goods/goods are not subject to the Customs Rules: (a) de minimis goods, (b) re-export goods, (c) transshipment goods, (d) retained goods, (e) transit trade goods, and (f ) Goods that the government allows emergency import in the public interest.
Suggestion
If a Customs application is documented, Customs can initiate ex officio protection and issue a stop order if suspicious goods are discovered at the port of entry. In this case, the applicant does not need to apply for a suspension order and only needs to pay a deposit to the customs authorities within 15 days after receiving the notice. Doing so allows the suspension order to be upheld and further action to be taken under the new Trademarks Act. If the applicant fails to pay the deposit within the prescribed period, the suspension order will be revoked.
Therefore, it is recommended that trademark owners apply to the customs authorities for registration of registered trademarks to prevent the import of counterfeit goods.
For more information, please contact Rouse Myanmar ( tmg_myanmar@rouse.com ).
For further information, please contact:
Fabrice Mattei,Rouse
fmattei@rouse.com
