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

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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:

•  Complete and accurate information: Applications must provide full and accurate details about the work, the copyright owner, and any other required information. This often includes the title of the work, the date of creation, the author’s name, and contact information.

• Proper documentation: Submission of required documents, such as copies of the work, authorship proof, and any agreements related to the copyright (e.g., assignment or licensing agreements if the applicant is not the direct author).

•  Appropriate fees: Payment of the prescribed registration fees must accompany the application. Failure to include the correct fee can lead to the application being deemed non-conforming.

•  Legal formalities: Compliance with any legal formalities, such as signatures, declarations, or the use of prescribed forms.

2. Common reasons for non-conformance

•  Incomplete applications: Often, applications are incomplete or missing crucial pieces of information or documentation. Every field and request for information in the application form plays a role in the assessment process.

• Incorrect information: Errors in the provided information, whether it’s about the work, the copyright owner, or incorrect categorization of the work, can lead to the need for revisions.

•  Insufficient proof of authorship: Failing to adequately demonstrate that the applicant is the rightful owner of the copyright or has the legal standing to apply for copyright registration.

•  Non-payment or incorrect payment of fees: Applications may be rejected if the fees are not paid, are insufficient, or if the method of payment does not comply with the stipulated requirements.

3. Deadline for filing a response

If an applicant does not fulfill the requirements within 30 days from the date of receiving a notice (to correct deficiencies in the application), the application for registration of a literary or artistic work will be considered as having been withdrawn. This means the application will not proceed to registration, and the work in question will not receive the legal protections that come with copyright registration.

To deal with the above issues successfully, it’s advisable for applicants to thoroughly review the application guidelines provided by the Registrar, ensure all required documentation is complete and accurately reflects the work and ownership details, and pay the correct fees.

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