Myanmar Ministry of Commerce (MOC) New e-commerce guidelines have recently been published, To ensure the security of the country's e-commerce ecosystem, Promote ethical business practices and protect the rights of consumers. These guidelines are consistent with applicable laws and regulations in the field of electronic commerce.

Myanmar's Ministry of Commerce announced, E-commerce operators can learn from 2023 years 10 month 2 Start registration. in 2023 years 12 month 31 Registration fee will be waived before the date, Only pay the online fee. But after this deadline, Application and registration fees are required (Not yet announced) . from 2024 years 1 month 1 As of today, The Ministry of Commerce will determine "Important goods and services Act" Take action against unregistered e-commerce businesses.

Law firm partner Yuvadi．Tengam (Yuwadee

Thean-ngarm) expression: "For legal and systematic conduct of e-commerce activities in Myanmar, Individuals who want to start e-commerce activities, Businesses and business organizations can read the guide to understand the necessary legal compliance steps. "

According to her, The guidelines collectively 18 chapters, It involves all aspects of e-commerce, This includes protecting e-commerce consumers and online intellectual property, Electronic contract, Online payment terms and basic principles for the protection of privacy and personal data.

She added, The relationship between e-commerce sellers and buyers is subject to the guidelines and other relevant laws and regulations. This includes "1872 Contract law of the year" "1930 The Sale of Goods Act" "2004 Electronic Transactions Act" "2015 Competition law" "2017 Myanmar Companies Law" "2019 Consumer Protection Act" "2019 Trademark act" "2019 Annual Copyright Act" "2019 Industrial Designs Act" "2019 Patent Act" and "2016 Myanmar Investment Law" Etc.

At present, "2019 Trademark act" It is the only film in Myanmar 2023 years 4 month 1 Intellectual property law effective from today. "2019 Annual Copyright Act" "2019 Industrial Designs Act" and "2019 Patent Act" It is expected to be implemented in the future, No date has been set.

Intellectual property consultant Chin．Pearl．Yuki．Leon (Khin Pearl

Yuki Aung) expression, The new guidelines highlight Myanmar's online IP enforcement against IP infringements. She points out, Before the guidelines came out, Myanmar's current laws do not explicitly provide for the protection and enforcement of intellectual property rights in cyberspace. however, With the introduction of the guidelines, Intellectual property infringement on e-commerce platforms will be strictly prohibited.

She added: "besides, E-commerce operators will be urged to work together to stop intellectual property violations occurring on their platforms, And take enforcement action, Such as notifying intellectual property owners and implementing removal mechanisms, This will help gather online evidence of intellectual property infringement. "

In addition, The guidelines also state, Registration of intellectual property rights, Licensing and enforcement must be carried out in accordance with existing intellectual property laws, This highlights an integrated approach to protecting intellectual property in both offline and online environments. It is worth noting, The enforcement mechanisms for e-commerce registration and intellectual property registration are carried out by different agencies, The latter is the responsibility of the Intellectual Property Department.

This highlights the importance of cooperation between different authorities to protect intellectual property rights, Especially when it comes to online infringement. therefore, The online business environment will be governed by the guidelines and the country's intellectual property laws.

Ang point out: "In view of this, We strongly encourage customers to obtain intellectual property registration and e-commerce certificates from the relevant authorities, To achieve full statutory protection of their business. "

Intellectual property lawyer Chin．Yadanal．Hertey (Khin

Yadanar Htay) add: "In the beginning, We expect that these guidelines will help ensure legality in Myanmar, Systematically carry out e-commerce activities. The most important thing is, The guidelines will be organized by encouraging online businesses to sell, Buying and marketing play an important role in the systematic development of e-commerce in Myanmar; Enhance the transparency of e-commerce platforms through mechanisms such as access and verification; Modernize your online platform; Monitor online sellers and buyers for intellectual property infringement activities and disputes; Work with government authorities to protect online consumers; Crack down on online intellectual property infringement. We believe, These developments will bring benefits to consumers and businesses. " (Be compiled from www. asiaiplaw. com)

TRANSLATORS: Wang Dan　proofread: Wu Xian



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