27 March

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How to File a Lawsuit Against Copyright Infringement Under Myanmar’s Copyright Law?

Download Myanmar’s Copyright Law of 2019, particularly Articles 73 to 81, provides a detailed legal framework for copyright holders seeking to enforce their rights through the courts, ensuring fairness and justice in the enforcement of copyright and related rights. KENFOX, which has extensive experience in taking civil actions against IPR infringement, would like to provide the following 10-step process to equip copyright holders with essential knowledge and practical tools for a robust protection for their intellectual property rights in Myanmar IP court. Step 1: Filing a lawsuit • Civil miscellaneous case: Right holders start the legal process by filing a civil miscellaneous case...

27 March

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Customs Recordal in Myanmar: What Copyright Owners Should Know?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download A customs officer serves as a gatekeeper. Customs officers are essentially the first line of defense against the importation and distribution of pirated goods. Their ability to identify and suspend the clearance of goods that potentially infringe on copyright or related rights is a powerful tool in the legal remedy available to rights holders. The customs protection process for intellectual property rights at the border of Myanmar, as outlined in Articles 64 to 72 of Myanmar’s Copyright Law 2019, provides a systematic approach for rights holders to combat the importation of goods that infringe on copyright or related rights. KENFOX,...

27 March

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Appeal against the Registrar’s copyright-related Decision under Myanmar’s Copyright Law: What process?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download Facing a refusal or an unfavorable decision from the Myanmar Registrar on a copyright-related issue can be a daunting hurdle for copyright holders. The process to challenge such a decision is far from straightforward, demanding a detailed understanding of legal procedures and often necessitating specialized expertise. KENFOX would like to provide below a 9-step process for those looking to contest the Registrar’s copyright-related decisions or even file a lawsuit against the Agency's decision—the higher authority above the Registrar - at the Myanmar IP Court. Step 1: Right to appeal The process begins with a decision made by the Registrar concerning a copyright...

27 March

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Original Ownership of Economic Rights under Myanmar: What are they?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download Articles 22 and 23 of Myanmar's Copyright Law address the original ownership of economic rights in various scenarios, outlining who holds these rights initially under different circumstances. These provisions ensure that creators, who invest time and talent into producing original works, are recognized and rewarded for their contributions by being granted economic rights. KENFOX provides below the relevant regulations to faciliate correct understanding and application of economic rights in such scenarios. Original ownership of economic rights (Article 22) General principle: The creator of a literary or artistic work is the original owner of the economic rights to that work. Joint authorship: • Co-authors share...

27 March

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Rights Management Information and TPMs in Myanmar: What To Know?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download Copyright and related rights management information and technological protection measures are significant for the digital copyright ecosystem, touching on legal, technological, and economic aspects. They are provided under Article 43-45 of Myanmar’s Copyright Law 2019. These provisions collectively safeguard the interests of copyright holders by protecting rights management information and technological protection measures against unauthorized tampering and circumvention. 1. Protection of rights management information (Article 43) • Prohibited aternation or removal: Altering or removing electronic rights management information is a violation under Article 43(a) if done without the copyright holder's explicit consent. Rights management information typically includes details about the copyright owner,...

27 March

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Transfer of the Economic Rights under Myanmar’s Copyright Law: 3 Key Takeaways

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download Articles 34, 35, and 36 of Myanmar’s Copyright Law detail the provisions for the transfer of economic rights from the original copyright or related rights owners to other persons or legal entities. 1. Mechanisms for transfer of economic rights (Article 34) [i] Flexibility in transfer: Copyright owners have the flexibility to transfer their economic rights either wholly or partially to another person or legal entity, providing a mechanism for authors to monetize or otherwise manage their creative works. [ii] Means of transfer: Transfers can occur through various legal means, including: • Inheritance: Rights can be transferred as part of an estate under law or...

27 March

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Cancelling a copyright or related rights registration in Myanmar: What is the process?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download A copyright or related rights registration may be considered prejudicial to any person or to public interests (e.g., A work falsely attributed to someone, or which misrepresents someone in a way that could harm their reputation or privacy; or it infringe on the rights of another person or entity, such as using someone else’s intellectual property without permission and then registering the copyright). Myanmar’s Copyright Law 2019 provide mechanisms to address and remedy situations where copyrights are found to be prejudicial to the public good or individual rights. For individuals or organizations harmed by a registered copyright or related right,...

27 March

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Registering related rights (performances, phonograms) in Myanmar: What process and benefits?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download Per Article 53 of Myanmar's Copyright Law, owners of related rights, including performances, phonograms, and presumably other related subjects like broadcasting rights are entitled to apply for registration of their related rights. The registration of these rights is akin to the registration of literary or artistic works but tailored to recognize the unique nature of these categories. KENFOX provides the below analysis on how the registration process differs and the type of evidence registration provides. 1. Registration process for owners of related rights: How different [1] Application specific to related rights: While the fundamental process of applying to the Registrar and paying...

27 March

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Obtaining a certified copy of the Certificate of Copyright Registration in Myanmar: How?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download The Certificate of Copyright Registration in Myanmar is the official record that your work is protected under Myanmar's Copyright Law. It serves as prima facie evidence of copyright ownership and the date of creation, crucial for enforcing copyright, licensing, transferring rights, and possibly in court proceedings related to copyright disputes. But what happens when this critical document is lost or damaged? As per Article 51 of Myanmar's Copyright Law, it is possible to obtain a certified copy of the Certificate of Copyright Registration should the original certificate become lost or damaged. 1. Steps to obtain a certified copy of Copyright Registration Certificate...

27 March

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How to Ensure Compliance of Copyright Applications and Key Reasons for Copyright Application Rejections in Myanmar

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download The key to a successful copyright application in Myanmar lies in the provision of complete and accurate information about the work and its copyright owner. KENFOX would like to provide below essential insights and details to help copyright holder prepare, ensuring a smooth copyright registration process in Myanmar. 1. Ensuring complete and accurate Information Article 47 of Myanmar's Copyright Law outlines that the Registrar (i.e., Director General of the Department of Intellectual Property) will notify the applicant to revise and resubmit their application for copyright registration if it does not conform to certain stipulations. Typical requirements for copyright registration applications usually include: • ...