Myanmar Begins Enforcement Of New Copyright Law And Rules

• Published date: 12 December 2023
• Subject Matter: Intellectual Property, Copyright
• Law Firm: Tilleke & Gibbins
• Author: Ms Khin Myo Myo Aye, Khin Yadanar Htay and Yuwadee Thean-Ngarm

Myanmar enacted its new Copyright Law on May 24, 2019, to replace the old Copyright Act of 1914. To implement the Copyright Law, the Ministry of Commerce (MOC) issued the Copyright Rules under Notification No. 70/2023 dated October 23, 2023, establishing procedures for registration of copyright and related rights. Both the new Copyright Law and the Copyright Rules finally came into force on October 31, 2023, in accordance with State Administration Council (SAC) Notification No. 218/2023. Subsequently, the MOC issued Notification No. 73/2023 on November 20, 2023, specifying the official forms for copyright and related rights matters to be filed with Myanmar's Intellectual Property Department (IPD).

An announcement specifying the government fees under the Copyright Law is still awaited. Once these fees are announced and the IPD opens voluntary registration, the new regime for copyright and related rights in Myanmar is finally expected to be fully functional.

Overview

The new Copyright Law gives copyright protection for eligible literary and artistic works and for the related rights of performers, phonogram producers, and broadcasting organizations. The law also enables the use of technological protection measures to protect copyright in literary or artistic works or related rights. The unauthorized removal or alteration of digital rights management information is also strictly prohibited.

The law supports voluntary registration of copyright in literary and artistic works and related rights with the IPD. In addition, although Myanmar is not yet a contracting party to the Berne Convention (under which countries extend the same copyright protection to nationals and foreigners, regardless of publication in the country), the new Copyright Law extends copyright protection to foreign works created by noncitizens and nonresidents if they are first published in Myanmar or published in Myanmar within 30 days of first publication elsewhere.

The Copyright Law grants the following copyright protection terms for the economic rights of works:

• Literary and artistic works: Life of the author plus 50 years.
• Works of applied art: 25 years from the creation of the work by the author.
• Audiovisual works and films: 50 years from publication with the consent of author.

Holders of economic rights are also granted the following protection terms:

• Performers: 50 years from the year of the performance or fixation in any medium.
• Phonogram producers: 50 years from the year of...