MYANMAR

Extension of Transition Period of Myanmar Investment Online (MyInO) System

On 21 February 2024, the Myanmar Investment Commission ("MIC") announced that the transition period for data resubmission for companies holding MIC Permits or MIC Endorsements to re-enter investment data via the Myanmar Investment Online ("MyInO") System shall be extended to 30 June 2024.

To initiate the application process on the MyInO System, applicants are required to create an account on the platform. Thereafter, companies holding an MIC permit or endorsement must re-enter all investment-related data prior to the procurement of the relevant permits/endorsements, in compliance with the announcement. Following the data update, applications can then be filed through the MyInO System.

After the transition period, companies may apply online for the appointment of foreign experts and employees. Additionally, MIC has introduced measures to facilitate the submission of several applications related to changes in the number of foreign experts and employees engaged by the companies.

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People's Military Service Law In Force as of 10 February 2024

The State Administration Council has issued an announcement stating that the People's Military Service Law would come into force on 10 February 2024. The People's Military Service Law ("Law") was enacted as Law No 27/2010 of the State Peace and Development Council on 4 November 2010, and it came into force by virtue of section 1(b). The Ministry of Defense ("MOD") is to issue necessary bylaws, procedures, notifications, orders and directives to implement the Law. MOD subsequently formed a Central Regulatory Body for Summoning Military Servants under the Law and to formally standardise the conscription process in the near future.

Under the Law, male citizens aged 17 to 35 (for experts/professionals, aged 18 to 45) and female citizens aged 18 to 27 (for experts/professionals, aged 18 to 35) are eligible for military service. Any eligible citizen may be called up for military service for up to 24 months.  Exempted individuals from military service includes members of religious orders, married women, people with permanent disability, individuals recognised as permanently inappropriate for military service by the Tatmadaw medical examination board, and individuals exempted by the Central Regulatory Body for Summoning Military Servants. 

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Updates on Intellectual Property Laws

Copyright

On 9 February 2024, the Department of Intellectual Property of Myanmar ("DIPM") released an announcement stating that companies can voluntarily start submitting applications for registration of copyrights and related rights under the Copyright Law (2019). Applications can be made electronically, in-person, by post, or through a local representative. Applicants incorporated or residing outside of Myanmar must appoint a local representative who will file the application on their behalf.

Following the announcement, on 13 February 2024, DIPM issued a notification specifying the service fees based on the categories of services for the registration of copyrights as follows:

Industrial Design

In addition to copyrights, industrial designs can also be registered with DIPM from 1 February 2024 via DIPM's electronic filing system ("electronic filing system") for the protection of industrial designs under the Industrial Design Law. Under the Industrial Design Law and Rules, the creator of an industrial design, the creator's successor or the employer of an employee who created the industrial design are eligible to apply by way of registration via the electronic filing system. The industrial design must be new and original. Multiple designs may be protected under one application if all the products constituting the industrial design fall under one class set out in the International Classification of the Locarno Agreement. The registration term of an industrial design is five years, renewable twice for a total of 15 years. The fee for the application for registration is MMK 120,000 (approximately US$ 57) and the recordation of the registration is MMK 100,000 (approximately US$ 47).

The application for registration of industrial design must include the details of the industrial design. Additionally, the representation of the industrial design must satisfy certain requirements, including the following:

1. Presented as a drawing, photo or graphic either in black and white, or coloured;
2. Presented in .JPG format not exceeding 2MB and 300 x 300 dpi;
3. Labelling figures representing the different dimensions (perspectives) of the industrial design as 1.1, 1.2, 1.3, 1.4, etc.; and
4. All parts of the industrial design are presented in a clear, definite and distinguishable manner and with quality fit for publication.

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Issuance of Directive on Agent Banking Services

On 6 February 2024, the Central Bank of Myanmar under the State Administration Council issued a directive on agent banking services ("Directive") to provide comprehensive access to financial services to people who do not have access to banking services. The Directive seeks to increase overall participation in the financial system by setting a framework for banking services agents without affecting the safety and soundness of the banking system. The Directive, which applies to all banks that appoint agents, came into effect on the date of its issuance.

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