Customs Recordation

Customs Recordation is an important border enforcement mechanism that enables intellectual property (IP) right holders to request the Myanmar Customs Department to monitor and suspend the importation or exportation of goods suspected of infringing their registered intellectual property rights.

In Myanmar, customs border measures are available in accordance with the Myanmar Trademark Law (2019) and the relevant customs laws and regulations. Recording eligible IP rights with the Customs Department assists customs officers in identifying counterfeit and infringing goods and facilitates effective enforcement at Myanmar’s borders.

Eligibility Assessment

Our IP professionals review the registered intellectual property rights and assess whether they are eligible for customs recordation under the applicable laws and regulations.

Filing Procedure

The general procedure for Customs Recordation is as follows:

Preparation of Documents

The required application forms and supporting documents are prepared, including information identifying the registered IP rights and genuine products.

Filing of Application

The application for Customs Recordation is submitted to the competent authority together with the prescribed supporting documents and official fees (where applicable).

Examination

The competent authority reviews the application and may request additional documents or clarification before accepting the recordation.

Recordation

Upon acceptance, the intellectual property rights are recorded in the customs enforcement database, enabling customs officers to monitor shipments and take appropriate action against suspected infringing goods.

Customs Enforcement

Where suspected counterfeit or infringing goods are identified, Customs may notify the recorded right holder, who may then take the necessary legal action in accordance with the applicable laws.

Required Documents

Under the Myanmar Trademark Law (2019) and the Trademark Rules, the following documents and information are generally required for filing a new trademark application with the Intellectual Property Department (IPD).
1. Application Form

A duly completed Customs Recordation application in the prescribed form.

2. Details of the Intellectual Property Right

Information relating to the registered IP right, including:

  1. Registration Certificate;
  2. Registration number;
  3. Filing and registration dates;
  4. Name of the registered owner;
  5. Description of the protected IP right.
3. Power of Attorney

A duly executed Power of Attorney appointing a Myanmar IP representative or customs representative, where applicable.

4. Details of Genuine Products

Information to assist Customs in distinguishing genuine products from counterfeit goods, including:

  1. Product photographs;
  2. Product catalogues;
  3. Packaging samples;
  4. Labels and security features;
  5. Product specifications.
5. Information on Suspected Infringements

Where available, information relating to known counterfeit activities, including:

  1. Names of suspected importers or exporters;
  2. Manufacturers;
  3. Trading routes;
  4. Ports of entry;
  5. Previous infringement cases.
6. Contact Information

Details of the right holder and the authorized contact person for customs notifications.

7. Certified Translation

Certified English or Myanmar translations of supporting documents where required.

8. Official Fee

Payment of any prescribed official fees, if applicable.

Notes

Customs Recordation is available only for registered intellectual property rights where border enforcement is provided under applicable Myanmar laws.

The right holder should promptly cooperate with the Customs Department when notified of suspected infringing goods.

Customs may require additional information or supporting evidence during examination or enforcement.

Recordation does not automatically result in seizure of goods. Customs enforcement actions are taken in accordance with the applicable laws and procedures.

Our Services

Our firm provides comprehensive Customs Recordation and border enforcement services, including:

  1. Review of eligibility for customs recordation;
  2. Preparation and filing of customs recordation applications;
  3. Preparation of product identification manuals;
  4. Liaison with the Customs Department and relevant authorities;
  5. Assistance in customs detention and border enforcement proceedings;
  6. Coordination of investigations and anti-counterfeiting actions; and
  7. Ongoing monitoring and protection of intellectual property rights in Myanmar.

Our experienced intellectual property professionals assist clients in protecting their brands and intellectual property rights against counterfeit and infringing goods entering or leaving Myanmar.