27 March

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Rights and Protections for Phonogram Producers Under Myanmar’s Copyright Law

Download A producer of a phonogram is entitled to the related rights as per Articles 39, 41, and 42. These articles grant producers exclusive economic rights, ensuring that producers can control and benefit from the use of their phonograms in various ways. The provisions also set forth provisions for equitable remuneration, limitations, and exceptions to these rights, marking a significant consideration for the music industry and related sectors. KENFOX would like to provide below analysis on the rights and protections afforded to producers of phonograms as well as performers, ensuring a comprehensive understanding and practical application of the laws, thereby maximizing...

27 March

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What Are Performers’ Economic and Moral Rights Under Myanmar’s Copyright Law?

Posted by Ly Dinh

in Copyright, Myanmar

Download Performers are granted the related rights, including “economic rights” and “moral rights” under Articles 37, 38, and 41 of Myanmar’s Copyright Law. These provisions cover a range of protections for performances, whether unfixed or fixed, live or recorded, ensuring performers are adequately compensated for their work and have a say in how their performances are used, reflecting a balance between protecting creators' rights and allowing for the dissemination and enjoyment of cultural works. Importantly, these regulations provides a legal framework that respects performers' contributions to cultural and creative industries, ensuring their performances are protected against unauthorized use that could undermine...

27 March

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10 Limitations and Exceptions of Economic Rights under Myanmar’s Copyright Law You Need To Know

Posted by Ly Dinh

in Copyright, Myanmar, Notable Articles

Download The limitations and exceptions to the economic rights of copyright holders in Myanmar are provided under Articles 24 through 33 of Myanmar’s Copyright Law. These provisions ensure a balanced approach, allowing for certain uses of copyrighted works without the authorization of the right holder under specific circumstances, aiming to foster education, cultural exchange, and access to information while still protecting the interests of copyright owners. KENFOX provides below such limitations and exceptions to the economic rights so that copyright holders could take proper actions. 1. Personal use and fair use: Individuals are allowed under Article 24 to reproduce parts of published...

27 March

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What Penalties Face Those Who Infringe Copyright under Myanmar’s Copyright Law?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download Illegal actions infringing on copyright and related rights, from unauthorized reproduction and distribution to the possession and importation of pirated goods, are subject to penalties under Articles 82-85 of Myanmar's Copyright Law. These articles establish a comprehensive legal framework for combating copyright infringement in Myanmar, offering penalties aimed at deterring violations and safeguarding the rights of copyright holders. KENFOX, with its extensive experience in pursuing civil actions against IPR infringement, would like to provide provide an overview of these offences and penalties to equip copyright holders with the essential knowledge and practical tools needed for robust protection of their intellectual...

27 March

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

Posted by Vu Thu Uyen

in Copyright, Myanmar

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...