Thursday, October 5 2023   \  Published by Baker Mckenzie .

Myanmar: Copyright Law anticipated to come into force in October 2023

Myanmar: Copyright Law anticipated to come into force in October 2023

Background

The Copyright Law, Trademark Law, Industrial Design Law and Patent Law were passed in 2019. However, only the Trademark Law is currently in force (having taken effect on 1 April 2023).

On 7 August 2023, the MIPD announced that the Copyright Law is anticipated to come into force in October 2023 and the corresponding rules will be issued in due course. The Copyright Law will repeal Copyright Act 1914, which was enacted over a century ago and is currently in force.

Key features

The Copyright Law heralds a new era of copyright protection in Myanmar as the country strives to establish a functioning framework for the protection of copyright works that is attuned to modern day demands.

A key feature of the Copyright Law is its protection of foreign copyright works, which represents a shift away from the current position where creative works are only protected if they are published in Myanmar or created by Myanmar citizens. This has posed a significant challenge for foreign companies seeking to protect their works under Myanmar's current copyright regime.

When the Copyright Law comes into force, copyright protection will be granted to works that are first published in Myanmar; or if it was published in another country, also published in Myanmar within 30 days from the first foreign publication, irrespective of the nationality or habitual residence of the author (see Chapter VII (Scope of Application) of the Copyright Law). This paves the way for foreign rights holders to enforce copyright and other related rights in Myanmar. Read more

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