The Copyright Law  
(The Pyidaungsu Hluttaw Law No.15,  2019)  
The 6thWaning  Day of Kas one, 1381 M.E.  
(24th, May 2019)  
The Pyidaungsu Hluttaw hereby enacts this law.  
Chapter I  
Title, Enforcement  and Definition s 
1. (a) This Law shall be called the Copyright Law. 
(b) This Law shall come into force  on the date prescribed , by 
notification, by the President . 
2. The following expressions in this Law shall have the meanings given 
below : 
 (a) State  means the Republic of the Union of Myanmar;  
  (b) Central Committee means the Central Committee on 
Intellectual Property formed under this Law;  
 (c) Ministry  means the Ministry of Commerce of the Union  
Government;  
 (d) Relevant  Ministry  means the Ministry of Information, Ministry 
of Industry, Ministry of Agriculture, Livestock and Irrigation or 
Ministry  of Education of the Union Government;  
 (e) Agency  means the Intellectual Property Agency formed under 
this Law;  
 (f) Department  means the Department assigned by the Ministry to 
carry out intellectual property matters ; 
 (g) Registrar  means the Director General of the Department who 
carries out the functions relating to  registration of intellectual 
property;  
 (h) Intellectual Property Rights  mean the rights vested  by law to 
protect the own intellectual creations . This expression includes 
copyright , patent, industrial design, trademark and other forms of 
intellectual property  rights ; 2 
 
 (i) Copyright  means the exclusive rights of an  author of a literary 
or artistic work in accordance with the provisions of this Law;  
 (j) Related Rights mean the exclusive rights of perform ers, 
producers of phonogram  and broadcasting organizations 
contained in Chapter XIV of this Law;  
 (k) Literary or A rtistic Work means any literary or artistic work 
and derivative work s mentioned in s ection s 13 and 15;  
 (l) Author  means a natural person who creates any li terary or 
artistic work protected under this Law thr ough his own intellect ; 
 (m) Owner of C opyright  means any of the following persons, his  
successor or any  legal entity: 
(i) an author;  
(ii) a natural  person or leg al entity which  has the economic 
rights originally , other than the author ; 
(iii) a natural person or legal entity to which the ownership of the 
economic rights ha s been transferred in accordance with law.  
 (n) Owner of R elated Rights means any of the following persons,  
his successor  or any legal entity: 
 (i) a performer, producer of phonogram  and broadcasting 
organization;  
 (ii) a natural person or legal entity which has the economic 
rights originally , other than the performer, producer of 
phonogram  and broadcasting organization;  
 (iii) a natural person or legal entity to which  the ownership of the 
economic  rights  has been transferred  in accordance with l aw. 
 (o) Right Holder  means the author or owner of copyright or related 
rights. In this expression, assignee, licensee  and legal successor  
of copyright or related rights are also included;  3 
 
 (p) Performer  means a musician, vocalist, actor, dancer or a person 
who acts, plays in , sings, dances,  interpret s, narrates or otherwise 
performs literary or artistic works or expressions of folklore;  
 (q) Performance  refers to : 
(i) reciting, singing , playing, dancing  or acting the works 
directly or through any medium or any process or rendering 
the works by any other means,  in the case of other literary or 
artistic works other than an audiovisual work or  a 
cinematographic work;  
(ii) showing of i mages in sequence and making of 
accompanying sounds audible in the case of an audiovisual  
work or a cinematographic work ; and  
(iii) making the recorded sounds audible in the case of a 
phonogram . 
 (r) Producer means a natural person or legal entity  that undertakes 
making of the audiovisual work or cinematographic work or the first fixation of sound s or the initiative for the first fixation of 
sounds in a phonogram ; 
 (s) Collection of Work  means a collection of li terary o r artistic 
works which, by reason of selection and arrangement of their contents, c onstitute s intellectual creation s; 
 (t) Work of Joint Authorship means a literary or artistic work to  
the creation of which two or more authors have contributed;  
 (u) Audiovisual Work  means a work that consists of a series of 
related moving  images,  with or without accompany ing sound, 
susceptible of being made visible, and where accompanied by sounds, susceptible of being made audible ; 4 
 
 (v) Cinematographic Work  means an audiovisual work which 
consists of a sequence of visual images which can be continuously 
shown as moving pictures or can be recorded on another medium 
to be continuously shown as moving pictures accompanied by the 
sound track;  
 (w) Work of A pplied Art means an artistic creation with utilitarian  
functions or incorporated into any useful  article , whether  it is 
made by hand or produced with industrial technology;  
 (x) Phonogram  means the fixation of the sounds of a performance 
or of other sounds , or of a representation of sounds  on 
phonographic discs, recording tapes or any other medium , other 
than the fixation  of an audiovisual work;  
 (y) Photographic Work means an original  creation made by 
recording of light or transmission of light  on any medium on 
which an image can be  produced or an image can  be recorded , 
by chemically, electronically or other technology ; 
 (z) Fixation  means the first emb odiment and recording of images or  
sounds , or both or, of the repre sentations thereof, other sounds  or 
moving  images or broadcast s on a tape, disc or any other 
medium, from which they can be perceived, reproduced or 
communicated;  
 (aa) Broadcasting means communication of literary or artistic work, 
performance or phonogram to the public by wire or wireless 
means such as radio and television, including transmission by  
satellite;  
 (bb)Traditional Cultural Expressions means any of the following  
expressions or any form of combinations thereof  whether 
tangible or intangible, in which traditional culture and 
knowledge are expressed, appear ed and manifested:  
(i) verbal expressions such as stories, epics, legends, poet ry, 
riddles and other narrative s, words, signs, names, and 
symbols;  5 
 
(ii) musical expressions such as songs and instrumental music;  
(iii) expressions by action such as dances, plays, ceremonies, 
rituals; and,  
(iv) tangible expressions (special  creations and productions of 
art), such as  drawings, designs, paintings including body-
painting, carvings, sculptures, pottery, ceramic, terracotta, 
mosaic, woodwork , metal ware, jewel lery, lithogr aphic  
work , weaving work, needlework, attires , glassware, carpets, 
costumes, handicrafts, musical instruments, and architectural 
forms, folk heritage written record s such as palm -leaf 
manuscripts, folding manuscript s (parabeik),  stone 
inscriptions, votive tablet  script s, bell -inscriptions, ink 
writings  and mural paintings. 
(cc) Computer Program  means a set of instructions expressed in 
words, codes, schemes or a ny other form , which is capable when  
incorporated in a  medium that the computer can read , of causing 
the computer  to perform or achieve a particular task or result;  
(dd)Copyright or R elated Rights  Management Information  means  
the following:  
 (i) information which identifies the  literary or artistic work, the 
author of the literary or artistic work, the owner of any right 
in the work;  
  (ii) information  about the terms and conditions of use of literary 
or artistic works;  
  (iii) information which identifies the performer, the performance , 
the producer of phonogram  or the phonogram, the owner of 
any right in the performance or phonogram;  
  (iv) information  about the terms and conditions of use of the 
performance or phonogram;  6 
 
  (v) any number or code  that represent s such information, when 
any information included in subsections  (i), (ii), (iii) and ( iv) 
is attached to a copy of a work or an objec t, or appears in 
connection with the communication of a work or an object to 
the public . 
 (ee) Technological Protection Measures mean any technology, 
device or its component  that, in the normal course of  its 
operation, is designed  to prevent or restrict access to the literary 
or artistic works or objects of related rights  without  authorization 
of the right holder;  
 (ff) Reproduction  means making of one or more copies of a 
literary  or artistic work or phonogram in any manner or form, 
such as copying, imitation, duplication including any 
permanent or temporary storage  of such work or 
phonogram in electronic form;  
 (gg)Communication to the Public  means any communication to the 
public of a literary or artistic work, performance , phonogram or 
broadcast, by wire or wireless means, by internet  or by any 
communication means, including a way that  the members of  the 
public may access to  such work  from a place and at a time 
individually chosen by them ; 
 (hh)Distribution to the Public  means putting into circulation the 
original or a copy of a  literary or artistic  work, a fixed 
performance or a phonogram in tangible form through sale or 
transfer of ownership of copyright or related right s. It includes  
importing for the purpose of such putting into circulation, uploading to the Internet and selling to the public;  
 (ii) Published Work  means a work which has been copied to 
publish with the consent  of the author in the case of a literary or 
artistic work or with the consent  of the producer in the case of 
audiovisual work, cinematographic work or phonogram;  7 
 
 (jj) Beneficiary Person with  Visual Impairment  means a person 
who:  
 (i) is blind;  
 (ii) has a visual impairment or a perceptual or reading disability 
which cannot be improved to give visual function 
substantially equivalent to that a person who has no such 
impairment or disability and so is unable to read printed 
works to substantially the same degree as a person without an impairment or disability ; 
 (iii) is otherwise unable, through physical disability, to hold or manipulate  a book , or, to focus or move the eyes to the 
extent that would be normally acceptable for reading.  
(kk)Authorize d Entity  means the entity that is authorized by the 
Central Committee to provide education, instructional training,  
adaptive reading or information access to beneficiary person for 
visual  impairment on a non -profit basis;  
(ll) Collective Management Organization on  Copyright or 
Related Rights  means an association managing copyright and 
related rights on a non- profit basis , established on the basis of 
agreement among authors, copyright  owners and related rights 
owners  to protect  their copyright  and related rights  in accordance 
with this Law ; 
(mm) Pirated Copyright or Related Rights  Goods  mean any goods 
which are copies  of a work or an object of related rights  made 
without the consent  of the right holder and made by directly or 
indirectly infringing copyright or rel ated rights under this L aw; 
(nn)Intellectual Property Court  means the Court established by the 
Supreme Court of the Union under the l aw to adjudicate 
intellectual property matters or the Court conferred  jurisdiction 
and authority  of such  Court;  
(oo)Member State  means any member State of the conventions, 
treaties or agreements or , of international organizations or 8 
 
regional organizations relating to copyright or related rights of 
which the State is a member . 
 
Chapter II  
Objective s 
3. The objectives of this Law are as follows:  
 (a) to improve the literary and artistic production standard through 
the development of  the literary or artistic work s, performances, 
phonograms production and broadcastings;  
 (b) to protect  the copyright  of the author and owner of copyright in 
accordance with  this Law;  
 (c) to protect the related rights of performer , producer of phonogram 
and broadcasting organization;  
 (d) to contribute to the protection and promotion of traditional 
cultural expressions.  
 
Chapter III  
Formation of t he Central Committee and its Functions and Duties  
4. The Union Gov ernment:  
 (a) shall , to deal with  intellectual property matters,  form the Central 
Committee on Intellectual P roperty as follows : 
 (i) Vice -President  Chai rperson  
 (ii) Union Minister of the Ministry  Vice -Chai rperson  
 (iii) Deputy Ministers from the relevant  Ministries  Member s 
 (iv) Deputy Ministers or Director s General  Members  
   from other appropriate Ministries  
 (v) No more than four intellectual property  Members  
   experts  
 (vi) Two representatives from non- governmental  Members  
   organizations  
 (vii)The person assigned by the President  Secretary  
 (viii)Director General of the Department  Associate Secretary  9 
 
 (b) may re -form the Central Committee  under subsection  (a), as may 
be necessary.  
5. The functions and duties of the Central Committee are as follows:  
(a) adopting  the intellectual property policies, strategies and action 
plans to develop the intellectual property matter s in the State; 
(b) supervising  the implementation of  the intellectual property 
policies, strategies and action plans;  
(c) guiding, through the intellectual property system, to encourage 
the development of national economy, foreign investment and 
small and medium enterprises of the S tate; 
(d) encouraging  training and  nurtur ing the necessary human 
resources for the development of the intellectual property matters ; 
(e) coordin ating with the relevant g overnment departments, 
government organizations, other organizations and private 
entrepre neurs to practice  and develop  the intellectual property 
system effectively ; 
(f) encouraging and promoting  the coordina tion with local and 
foreign organizations for technical  and other necessary 
assistance ; 
(g) scrutinizing and approving the applications for setting up 
authorized entit ies for beneficiary  persons with visual 
impairment;  
(h) carrying out the  functions and duties relating to intellectual 
property assigned by the Union Government from time to time. 
Chapter IV  
Formation of Agency  and its  Functions and Duties  
6. The Central Committee:  
(a) shall form the Intellectual P roperty Agency with the approval of 
the Union Government as follows:  
(i) Secretary of the Central Committee  Chair person  
(ii) Director s General  who are concerned  Members  
 with the Agency  from the Ministry     
  and the relevant  Ministries  
(iii) No more than eight intellectual property  Members  
 experts  
(iv) No more than five representatives from  Members  
 non-governmental organizations  10 
 
(v) Director General of the Department  Secretary  
(vi) Division Heads of the Department  Associate Secretaries 
(b) may re -form the Agency under subsection  (a), as may be necessary.  
7. The Chair person of the Agency shall be considered to be a person 
who is at the level of  Deputy Minister.  
8. The functions and duties of the Agency are as follows:  
(a) coordinating the functions  relating to  copyright;  
(b) imple menting  copyright policies, strategies, action plans adopted 
by the Central Committee , and training and nurturing human 
resources for the development of copyright system;  
(c) observing the conventions, treaties and agreements relating to 
copyright or related rights and giving suggestion that the State  
should accede to  them to be a member , to the  Central Committee ; 
(d) implementing  the functions  of copyright and related rights in line 
with the provisions of  the conventions, treaties and agreements  
relating to copyright or related rights of  which the State is a 
member ; 
(e) cooperating with the relevant local, international and regional 
organizations relating to copyright  and member states ; 
(f) forming necessary working groups and prescribing their 
functions and duties with the approval of the Central Committee to take action on infringement  of copyright or related rights ; 
(g) forming necessary working groups to implement functions 
relating to  copyright and prescribing the ir functions and duties  
with the approval of the Central Committee ; 
(h) making a decision on an appeal against  the decision of the 
registrar;  
(i) prescribing  the fees to be collected in accordance with this Law 
with the approval of the Union Government through the Central 
Committee;  
(j) approving  the seal to be used in granting registration of 
copyright;  11 
 
(k) submitting  the task  reports and other necessary reports to the 
Central Committee;  
(l) submitting  the annual  copyright  report to the Central Committee;  
(m) carrying out the functions and duties relating to i ntellectual 
property assigned by the Central Committee from time to time.  
Chapter V  
Functions and Duties of the Department  
9. The functions and duties of the Department are as follows:  
 (a) publishing the matters on  registration of copyright;  
 (b) maintaining  the register of copyright;  
 (c) supervising the performance of t he Divisions formed in the 
respective field of intellectual property ; 
 (d) carrying out the  functions and duties relating to intellectual 
property assigned by the Agency from time to time. 
Chapter VI  
Appointing the Registrar and Prescribing the Duties  of the Regist rar 
10. The Ministry may appoint the Registrar  in the Department according 
to the submission of the Agency  to carry out  the functions relating to  
intellectual property . 
11. The duties of the registrar are as follows:  
 (a) supervising  the functions relating to  the registration of copyright 
and related rights;  
 (b) examining the applications for registration of copyright and 
related rights;  
 (c) summoning  and examining the persons concerned and asking for 
the requir ed documents  in carrying out the functions relating to  
registration of  copyright and related rights ; 
 (d) making decision on the matter s relating to the  registration of 
copyright or related right s; 
 (e) carrying out the functions and duties relating to intellectual property assigned by the Central C ommittee and the Agency.  12 
 
Chapter VII  
Scope of Application  
12. The provisions of this Law shall apply to the protection of the 
following literary or artistic work  or performer and pe rformance , producer 
of phonogram and phonogram  or broadcasting organization and broadcast:  
 (a) in the case of a  literary or artistic work:  
 (i) published or unpublished work of an author who is  a 
national of, or has  his habitual residence in the  State ; 
 (ii) work first published in the State  or a work first published in 
another country and also published in the State  within thirty 
days from the first publication , irrespective of  the nationality 
or habitual residence of the author ; 
 (iii) audiovisual work or cinematographic work of  the producer 
who has his headquarter s or habitual residence in the State ; 
 (iv) work of architecture erected in the State  and artistic work 
incorporated in a building or other structure located in the 
State ; 
 (b) in the case of a performer:  
  (i) a performer who is a  national of, or has his habitual 
residence in the State ;  
  (ii) a performer although who  is not a national of the State  or 
does not have his  habitual residence in the State ; 
  (aa) a performance which  takes place i n the territory of the  
State ; 
  (bb)a performance  which  is incorporated in a phonogram that is 
protected  under this Law or which has not been fixed in a 
phonogram but is included in broadcasts qualifying  for 
protection under this Law;  
 (c) in the case of a phonogram:   
  (i) a phonogram produced by a national  of the  State ;  
  (ii) a phonogram first fixed in the State ; 
   (iii) a phonogram first published in the State  or a phonogram  first 
published in another country and also published in the State  
within thirty days  from the first publication , irrespective  of 
the nationality or habitual residence of the producer;  13 
 
 (d) in the case of a broadcast : 
 (i) a broadcast of broadcasting organization headquarter s of 
which  is situated in the State ; 
 (ii) a broadcast transmitted from a transmitter situated in the 
State ; 
 (e) literary or artistic work s, performance s, phonograms and 
broadcasts that are eligible for protection by virtue of and in 
accordance with any copyright or related right s convention or 
treaty or agreement to which the State  is a member . 
Chapter VIII  
Protected Literary or Artistic Works and Unprotected Literary or 
Artistic Subject Matters  
13. The foll owing literary or artistic work s which are original intellectual  
creations  shall be protected:  
 (a) books, pamphlets, po ems, novels, articles, computer program mes 
and other  writing s; 
 (b) speeches, lectures, addresses, sermons and other oral works;  
 (c) dramatic works,  dramatico  - musical works, pantomimes, 
choreographic works and other literary or artistic works  created 
for stage production;  
 (d) songs and musical works, with or without words ; 
 (e) audiovisual works including cinematographic works;  
 (f) works of architecture;  
 (g) works of drawing, sketching, painting, carving, sculpture, 
engraving, mos aic, wood work, pottery, metal ware, terracotta, 
jewel lery, handicrafts, costumes, traditional attires  and hair and 
dressing style of ethnic groups ; 
 (h) lithographic work , weaving  work , tapestr ies and other works of 
fine art;  
 (i) photographic works;  
 (j) works of applied art;  
 (k) textile designs;  14 
 
 (l) illustrations , maps, plans, sketches and three -dimensional works 
related to geo graphy, to pography, architecture or science.  
14. Literary or artistic works shall be protected by the sole fact of their 
creation irrespective of  their mode or form of expression, their content, 
quality and purpose.  
15. The following derivative works shall be protected without prejudice 
to the copyright of the original literary or artistic works:  
 (a) translations, adaptations, arrangements and other  alterations  or 
modification of literary or artistic works;  
 (b) collections  of literary or artistic works, including collections of 
the traditional cultural expressions ; 
 (c) compilations of data whether in machine readable or other form, 
provided that such collections must constitute intellectual creation by reason of the select ion or arrangement of their 
content  but contents of the collection shall not be concerned with 
the protection.  
16. Notwithstanding the provisions of  sections 13, 14 and 15, if a literary 
or artistic work or an object  of related rights is involved in any of the 
following , copyright or related rights protection shall not extend to:  
 (a) idea, procedure, method of operation, mathematical concept, principle, discovery or data;  
 (b) news of the day or miscellaneous facts having the character of mere items of press information;  
 (c) constitution and legislation ; 
 (d) rules, regulations and bye-laws, and notification s, order s, 
directive s and procedure s issued by the Government al 
departments , Government al organizations and Departments;  
 (e) judicial decision s and orders;  
 (f) official translat ion and collection of those in subsection s (c) to 
(e) by the Government.  15 
 
Chapter IX  
Term of Copyright  
17. Although literary or artistic works are not registered under this Law:  
 (a) the term of protection for economic rights are as follows:  
 (i) the life of the author and 50 years after the year of his death;  
 (ii) the life of the last surviving author and 50 years after the 
year of his  death  in the case of a literary or artistic work of 
joint authors hip; 
 (iii) 50 years after  the year of  the work has been  made available 
to the public with the consent  of the author, or, failing such 
an event , 50 years after the making of such a  work in the 
case of a cinematographic work or an audiovisual work ; 
 (iv) 50 years after  the year of  the work has been  lawfully  made 
available to the public in the case of a literary or artistic 
work published anonymously or under a pseudonym  
provided that where the au thor’s identity is revealed before 
the expiration of the said period, the term s shall be  the same 
as in clauses ( i) and ( ii) of this  subsection ; 
 (v) 50 years after the year of  the work has been  created, lawfully  
made available to the public or firstly published  by 
Government al department and Government al organization 
for which it is the first owner of the copyright, whichever 
year is later in the case of a literary or artistic work of 
Government al department or Government al organization 
except the matte rs unprotected under section 16 ; 
 (vi) 25 years  from the making of the work  in the case of a work 
of applied art ; 
 (b) the term of protection for moral rights shall be the life  of the 
author and for an unlimited period after his deat h. 
 (c) the term of protection provided by subsection  (a) shall always be 
counted beginning on the first of January of the year following 
the death of the author or the work has been  created, lawfully  
made available to the public or first published.  16 
 
Chapter X  
Economic Rights and Moral Rights  
18. Without contrary to the provisions in Chapter XII of this Law, the 
author or owner of copyright shall have the exclusive economic rights to 
carry out or to authorize any other person to carry out  the following:  
 (a) reproduction;   
 (b) translation, adaptation, arrangement or other  alteration or 
modification;  
 (c) distribution of the  origin or a copy  of the work to the public  
through sale or other  transfer of ownership ; 
Proviso:  The right of distribution does not apply  to the original 
or a copy of the  work that has already been subject to a 
sale or transfer of ownership anywhere with the 
authorization of the author or owner of copyright.  
 (d) rental of the original or a copy of computer program me, an 
audiovisual work, a  cinematographic work, a literary or artistic 
work embodied in a phonogram, a database or a musical work in 
the form of notation to the public ; 
 Proviso:  Provided that the rights o f rental do not apply to rental 
of computer programs where the program itsel f is not 
the essential object of the rental;  
(e) public performance;  
(f) broadcasting;  
(g) communication to the public by any other means;  
(h) collection of literary or artistic works of his creation.  
19. The author or owner of copyright may transfer the  economic rights to 
any person in accordance with the provisions contained in Chapter XIII of 
this Law.  17 
 
20. The author, even where he is no longer  the owner of the rights under 
section 18  regarding the literary or artistic work, shall have the following 
exclusive moral rights:  
(a) right  to claim authorship and to have his  name indicated as the 
author on the copies of any public use of his  literary or artistic 
work;  
(b) right  to use a pseudonym if it was originally described on copies 
of a literary or artistic work lawfully  made available to the 
public;  
(c) right  to object to any distortion, mutilation or other modification 
of, or other derogatory action in relation to his lite rary or artistic  
work which would be prejudicial to his honor or reputation.  
21. (a) If the author  is already dead, his inheritor according to the 
testament or law or a person or legal entity which has been 
transferred under the law before the death of the author has right 
to exercise an y of exclusive moral rights in s ection 20;  
 (b) The author  may waive the exercise of their moral rights for 
specific uses provided that such waiver is made in a signed, 
written agreement.  
Chapter XI  
Original Ownership  of Economic Rights  
22. The author who has created a literary or artistic work shall be the 
original owner of the economic rights. Provided that:  
 (a) in the case of a literary or artistic work of joint authorship:  
 (i) the co -authors shall be the original  owners of the  economic 
rights.  
 (ii) the author of each part shall be the original owner of the 
economic rights in the part that he has created provided that 
their individual contributions can be used separately and 
author of each part can be identified;  18 
 
(b) in the case of an audiovisual work or cinematographic work:  
(i) the producer shall be the original owner of the economic 
rights unless otherwise agreed;  
(ii) the economic rights of the author who makes an audiovisual 
work or cinematographic work shall not prejudice to the 
economic rights of the author who created the literary or 
artistic works that has been adapted in making such 
audiovisual work or cinematographic work.  
 (c) in the case of collection of the works , unless otherwise agreed , a 
natural  person or legal entity which  takes the initiative in  
collection of the  works  shall be the original owner of the 
economic rights;  
 (d) in the case of  a photographic work:  
 (i) the photographer  who originally  creates the work shall be the 
original owner of the  economic rights;  
 (ii) the ordering person to take a photograph shall be the original 
owner of the economic rights  when tha t photograph is taken 
by a photographer  under a written agreement  with that 
ordering person unless the agreement provides to the 
contrar y. 
(e) in the case of a literary or artistic work created by an author, 
employed by a natural person, in the course of his employment, 
the employer shall be the original owner of the  economic rights 
unless other wise agreed by the employer and employee;  
Explanation:  Employer includes the legal managerial agent of the employer , and his heir and the legal successor 
of share  if the employer die s in the case of private 
business.  
23. With respect to the author and his  representative:  
 (a) if the author use s his usual used name or pseudonym or anonym 
in any literary or artistic work, in the absence of  proof to the 19 
 
contrary or leaves no doubt as to the identity of the author, that 
person shall be considered  as the author of that literary or artistic 
work;  
(b) in the case of a pseudonymous or anonymous literary or artistic 
work:  
 (i) the publisher whose name appears on the work shall, in the absence of proof to the contrary, be considered  to represent 
the author and, shall be entitled to the economic rights and 
moral rights of the author;  
 (ii) the rights in clause (i) shall cease to apply when the author 
reveals his identity.  
Chapter XII  
Limitations and Exceptions of Economic Rights  
24. Notwithstanding the provisions of subsection (a) of section 18, a 
person may make reproduction of a part of the published literary or artistic 
work for his  personal use without authorization of the right holder. Provided 
that such reproduction of any work shall comply with fair use, shall not conflict with a  normal exploitation of the work or shall not unreasonably 
prejudice the legitimate interests of any right holder. This exception shall not 
apply to any of the following cases:  
(a) reproduction of a work of architecture in the form of building or 
other construction;  
(b) reproduction of the whole or a substantial part of a book or of a musical work in the form of notation;  
(c) reproduction of the whole or a substantial part of a database in 
digital form;  
(d) reproduction of a computer program which i s not consistent with 
the provisions in section 30. 
25. Notwithstanding the provisions of subsection (a) of section 18, the 
following temporary reproduction of a literary or artistic work shall be 
perm itted: 
(a) reproduction in the process of a digital transmission of the work 
or in an act of making a digitally stored work perceptible;  20 
 
(b) reproduction made  by a person entitled to make that reproduction 
of the work under subsection  (a). 
26. (a) Notwithstanding the provisions of subsection (a) of section 18, 
the reproduction, in the form of quotation, of a part of a 
published work which has already been lawfully made available 
to the public shall be permitted  without  authorization of the right 
holder. 
 (b) The reproduction under subsection  (a) shall comply with fair 
practice and shall not exceed the extent justified by its purpose.  
 (c) The quotation shall be accompanied by an indication of source 
and the name of the author, if his name appears in the work from 
which the quotation is taken. 
27. Notwithstanding the provisions of subsection (a) of section 18, the 
following reproductions shall be permitted  without authorization of the 
right holder. Provided that such reproduction shall comply with fair  
practice and does not exceed the extent justified by its purpose. The name 
of the author and the source s of reproduced literary or artistic  work  shall be 
indicated as far as practicable on all such copies:  
(a) reproduction of a part of a published work or a part of an article included in newspapers, magazines or journals for teaching purposes;  
(b) incorporating the copies  made under subsection  (a) into printed 
and electronic course packs  to be used in the course  of 
instruction by the  educational institutions; ( Course packs in 
digital format shall be hosted on a secure network and accessible 
only by enrolled students and their teachers)  
(c) incorporat ing portions of works in printed or electronic form in 
assignmen ts and portfolios, theses and dissertations for personal 
use and for library deposit  by the pe rsons receiving those 
instructions . 21 
 
28. Notwithstanding the provisions of subsection  (a) of section 18, any 
library or archive whose activities do not serve direct or indirect 
commercial gain may, without the authorization of the right holder, make a 
single copy of the work by the  reproduction for the following purposes : 
(a) In the case of the reproduction of a literary or artistic work, the 
reproduced literary  or artistic work shall be a part or extract of 
the published article or other literary  or artistic work and the 
purpose of the  reproduction is due to the request of a natural 
person. Provided that the reproduction is:  
(i) satisfied by the lib rary or archive that the copy will be used 
solely for the purpose of study, teaching or private research;  
(ii) an isolated case occurring, if repeated, on separate and 
unrelated occasions.  
(b) The reproduction is made in order to preserve and, if necessary, 
replace a copy,  or to replace a copy which has been lost, 
destroyed or rendered unusable to rent in the permanent 
collection of another similar library or archive. Provided that the 
reproduction is:  
(i) impossible to obtain such a copy under rea sonable 
conditions;  
(ii) an isolated case occurring , if repeated, on separate and 
unrelated occasions;  
(c) copies can be made for the purpose of duplication and 
preservation as follows:  
(i) if a work or a copy of such work, in such an institution’s collect ion, is incomplete or can’t be acquired through general 
trade or from the publisher, the library  or archive may make 
or procure a copy of the missing parts from another library or archive.  
(ii) if they cannot reasonably be acquired although they made 
efforts to obtain authorization from the right holder or 
through general trade or from the publisher, a library or 
archive may make copies of works.  22 
 
(iii) copies made in accordance with clauses (i) and  (ii) may be 
studie d by users on the premises of the library or archive. 
Moreover , a library or archive can lend such copies to users 
for personal use or study on its premises.  
 (d) Libraries may supply each other, whether by post, fax or secure 
electronic transmission, with a copy of a work existing in their 
collections. Provided that electronic files shall be deleted 
immediately after printing a paper copy from an electronic copy 
of a work. A paper copy may be supplied by the receiving library 
to a user of such library. This reproduction and supply process 
shall be non- recurring.  
(e) A library or archive may, for the purpose  of teaching  or research, 
translate literary or artistic works lawfully acquired or accessed 
when those works are not available in a language required by 
such library or archive’s users. Such translations may not be used for other purposes.  
(f) A natural person or an organization may translate literary or artistic works from or into minority languages provided that such translation is non-commercial and for public information 
purposes.  
29. Notwithstanding the provisions of subsection s (a), (f) and (g) of 
section 18, the following acts shall be permitted in respect of a literary or 
artistic work without authorization of the right holder, subject to the obligation to indicate the source and the name of the author if his name 
appears on it:  
(a) the reproduction in a newspaper or periodical, the broadcasting 
or communication to the public of current political, economic or 
religious  articles included in a published newspaper or periodical 
or the  broadcasts of similar news articles;  23 
 
Provis o: This permission shall not be applicable to the  
reproductio n or broadcasting or communication to the 
public  by any means which are expressly prohibited by 
the right holder . 
(b) for the purpose of reporting current events, the reproduction, 
broadcasting or communication to the public by other means of 
short excerpt s of a literary or artistic work that has already been 
published or broadcasted;  
(c) for the purpose of providing current information, the  publication 
and reproduction in a newspaper, periodical or by other means, 
broadcasting or communication to the public by other means of a 
political speech, lecture, address, sermon or other similar literary or artistic declamation delivered in public. Provided that such act 
shall be to the extent justified and not for commercial purposes.  
30. With respect to the computer programme:  
(a) Notwithstanding the provisions of subsection s (a) and (b) of section  
18, the reproduction in a single copy  or the adaption of the copy of a 
computer programme by the lawful owner of that copy shall be 
permitted without authorization of the right holder if the 
reproduction or the adaption is: 
(i) for the use of the computer program me for the purpose and 
extent for which it has  been obtained;  or 
(ii) for archival purposes and for the replacement of the lawfully 
owned copy of a computer program me in the event that the 
said copy is lost, destroyed or rendered unusable;  or 
(iii) for the reproduction of the copy of a computer progra mme as 
a back -up for personal  use; 
(b) adaptation of any copy or original work of a computer 
program me shall not be applied for any purpose other than thos e 
specified in subsection (a). In addition, any such copy or 24 
 
adaption shall be destroyed when lawful continued possession of 
the copy of the computer program me ceases.  
31. The importation of a copy of a literary or artistic work by a natural 
person for non- commercial purposes shall be permitted without the 
authorization of the right holder.  
32. (a) Notwit hstanding the provisions of subsection (a) of section 18, a 
broadcasting organization may make, for the purpose of its own 
broadcast and by means of its own facilities, an ephemeral 
recording of any literary or artistic work authorized to broadcast.  
  (b) If it is a literary or artistic work that has an exceptional character, 
such ephemeral recording may be sent to the national archive for 
preservation.  
33. (a) Notwithstanding the provisions of subsection s (a), (c), (e) and (g) 
of section 18, authorized entities shall be permitted, without 
authorization of the right holder, to make an accessible format 
copy of a literary or artistic work, performance, phonogram or 
broadcast, to obtain an accessible format copy of the said from 
another  authorize d entity and to supply  those copies to 
beneficiary person with visual impairment by any means, 
including by non -commercial lending or by electronic 
communication by wire or wireless means when all of the 
following conditions are met:  
(i) having lawful access to use that literary  or artistic work or a 
copy of that work by the authorized entity wishing to  
undertake the activities in subsection  (a); 
(ii) giving guidance on the facts included in accessible format 
copy without other changes except those need ed to make the 
work accessib le to beneficiary person with visual impairment 
in converting the literary or artistic work to an accessible 
format copy;  
(iii) supplying  such accessible format copies  for exclusi ve use of 
the beneficiary person with  visual impairment; and  
(iv) undertak ing the activity  on a non- profit ba sis. 25 
 
(b) A beneficiary person with visual impairment, or a person 
repre sents the beneficiary person with  visual impairment 
including guardian or care taker may make an accessible format 
copy of a work for the personal use of the beneficiary person 
with visual impairment or otherwise may assist that person to 
make and use accessible format copies where the beneficiary 
person with visual impairment has lawfully access to that work 
or a copy of that work.  
(c) Authorized entities shall be permitted, without the  authorization 
of the right holder, to distribute or make available for the exclusi ve use of the beneficiary person with  visual impairment 
accessible format copies to an authorized entity in another contracting party  to the Marrakesh Treaty which facilitates 
access to published works for beneficiary person with  visual 
impairment.  
(d) Authorized entities shall be permitted, without the authorization 
of the right holder, to distribute or make available accessible  
format copies to beneficiary  persons with visual impairment in  
another contracting party  to the Marrakesh Treaty which facilitate s 
access to published works for beneficiary person with  visual 
impairment.  
(e) The permissions under subsection s (c) and (d) may be granted , 
provided that the  originating  authorized entity did not know or 
have reasonable grounds to know that the accessible format copy 
would be used by other person prior to the distribution or making available of accessible format copy. Such distribution and 
making available of accessible format copy shall be limited to 
certain special cases, not to conflict with a normal use of the 
work and not to unreasonably prejudice the legitimate interests of the right holder.  
Chapter XIII  
Transfer of the Economic Rights  
34. (a) The owner of copyright may transfer the economic rights  in 
whole or in part  to any other person or legal entity.  26 
 
(b) The owner of copyright may transfer economic rights to any 
other person or legal entity by any of the following means:  
 (i) inheritance under any existing law or custom;  
 (ii) transfer by testament;  
 (iii) gift or donation;  
 (iv) transfer  of ownership under any of the existing law;  
 (v) licensing.  
(c) The owner of related rights may transfer his economic rights to 
any other person or legal entity by any means included in 
subsection (b) with the consent of all concerned persons in that 
related rights.  
(d) The transfer of economic rights by the owner of copyright or of 
related right s shall be in writing and signed. 
35. When the registered copyright or related right s is transferred ; 
 (a) the transferee may apply to the Registrar to record the transfer by subscribing  the prescribed fees;  
 (b) both parties may apply to the Registrar for amendment or cancellation of the record of a transfer accompanied by the 
supporting documents in accordance with the stipulations.  
36. The Registrar shall, with respect to application for recordation  under 
section 35, record the said transfer, amendment or cancellation and publish 
it in accordance with the stipulations.  
Chapter XIV  
Related Rights of the Performer, Producer of Phonogram  and 
Broadcasting Organization and Terms of Protection  
37. A performer shall have the exclusive economic rights to carry out or 
to authorize any other person to carry out  any of the following:  
 (a) broadcasting or communication to the public of his  unfixed 
performance, except where the broadcasting or communication to the public is undertaken  by any of the following  manners : 27 
 
 (i) fixation of the performance with authorization of the 
performer  or carrying out the acts in s ection 41 without 
authorizati on of the performer;  
 (ii) broadcasting of the performance by the organization itself  
that initially broadcasts the performance or by its 
authorization.  
 (b) fixation of his  unfixed performance;  
 (c) direct  or indirect reproduction of a fixation of his performance, in 
any manner  or form;  
 (d) distribution to the public of a fixation of his  performance, or of its 
copies except the sale or transfer of ownership of the copy of a 
fixation of his performance anywhere with authorization of the 
performer;  
 (e) rental to the public of a fixation of his performance, or its copies;  
 (f) making available to the public of his fixed performance, by wire or wireless means or any other communication means  in such a 
way that members of the public may access them from a p lace or 
at a time individually chosen by the m. 
38. With respect to the rights of a performer:  
 (a) the performer shall, even after the transfer of t he performer’s 
economic rights, as regards his  live performances and 
performances fixed in any medi um, have the right to claim to be 
identified as the performer of his performances, except where 
omission is dictated by the manner of the use of the performance 
and he shall have the right to object to any mutilation, or 
modification or destruction of his  performances that would be 
prejudicial to his reputation.  
 (b) the term of protection of the econom ic rights under this s ection 
shall be until the date of the end of 50 year s following the year in 
which the performance was fixed in any medi um, or in the 28 
 
absence of such fixation,  until the date of the end of 50 years  
from the date of the end of the year in which the performance 
took place. The term of protection for the moral rights of the performer shall be during the life of the performer and for an unlimited period after his  death.  
 (c) nothing in this s ection shall effect on making contract with the 
more favorable terms and conditions for the performers in 
respect of their performance.  
39. With respect to  the rights of a producer  of phonogram : 
(a) a pro ducer shall have the exclusive economic rights to c arry out 
or to authorize any other  person to carry out  any of the 
following:  
(i) direct or indirect reproduction of the phonogram in any 
manner or form;  
(ii) importation of copies of the  phonogram;  
(iii) distribution of the original or a copy  of the phonogram to the 
public except the original or a copy of the  phonogram that 
has already been sold or has transferred ownership anywhere with the authorization of the producer;  
(iv) rental to the public of copie s of the phonogram;  
(v) making available to the public of the  phonogram by wire or 
wireless means in such a way that the members of the public 
may access it from a place and at a time individually chosen 
by them.  
(b) the rights of producer  of phonogram  shall be protected until the 
date of the end of 50 year s following the year of publication of 
the phonogram  or, if the phonogram  has not been published, 
until the end of 50 years following  the year of the  first fixation . 
 29 
 
40. With respect to the rights of a broadcasting organization:  
(a) a broadcasting organization shall have the  exclusive economic 
rights to carry out or to authorize any other person to carry out  
any of the following:  
(i) rebroadcasting  of its broadcast;  
(ii) communication to the public of its broadcast;  
(iii) fixation of its broadcast;  
(iv) reproduction of a fixation of its broadcast.  
(b) program -carrying signals transmitted by satellite which are not 
intended for direct reception by the public may be distributed 
through cable or communicate d to the public  by an authorized 
receiving organization . That kind of communication to the public 
may be carried out only with authorization of that organi zation;  
(c) the rights of a broadcasting organization shall be protected until 
the date of the end of 20 year s following the year in which the 
broadcast took place . 
41. The provisions in respect of protection under s ections 37, 38, 39, 40 
and 42 shall not apply to the following  acts: 
(a) using short excerpts for reporting current events to the extent 
justified by the purpose of providing current information;  
(b) reproduction solely  for scientific research;  
(c) reproduction solely  for face -to-face teaching activities, except 
for performances and phonograms which have been published as 
teaching and teaching materials ; 
(d) incorporation and use of performances, phonograms or 
broadcasts in the literary or artistic works which are used 
according to the provisions of Chapter XII.  
 Proviso:  Such makings shall not conflict with a normal exploitation of the work,  and shall not unreasonably 
prejudice the legitimate  interests of the right holder.  
42. (a) If a phonogram distributed or produced for commercial purposes is used for broadcasting or communication to the public, or 
public  performance, an equitable remuneration shall be paid for 30 
 
the performer or performers and the producer  of phonogram  by 
the user according to the agreement.  
 (b) Unless otherwise agreed between the performers and the 
producer  of phonogram , the amount receiv ed under subsection  
(a) shall be shared  by the producer to the person concerned in 
accordance with the set terms and conditions.  
 (c) The right to an equitable remuneration under this s ection shall be 
protected until the end of 50 years following the year of 
publication of the phonogram . Such phonogram is still protected 
under subsection (b) of section 39.  
 (d) For the purpose of this s ection, phonograms that have been made 
available to the public by wire or wireless means in such a way 
that members of  the public may access them from a place or at a 
time individually chosen by them  shall be considered as if they 
have been published for commercial purposes.  
 
Chapter XV  
Protection of Copyright or Related Rights Management Information 
and of Technological Protection Measures  
43. (a) With respect to the protection of copyright or related right s 
management information:  
 (i) any electronic rights management information shall not be 
removed or altered without  consent  of the right holder;  
 (ii) literary  or artistic work or objects of related rights or other 
subject -matters protected under this Law shall not be carried 
out for distribution, import ation  for distribution, 
broadcast ing or communicat ion to the public after they have 
been removed or altered as  mentioned in clause (i).  
 (b) provision of subsection  (a) shall not apply to any government al 
activities for public policy or security authorized by law. 
44. With respect to the technological protection measures:  
(a) the technological protection measures shall not  be circumvent ed, 
remove d, deactivated, or destroyed : 31 
 
Explanation:  Circumvention of technological protection 
measures includes descrambling a scrambled 
literary or artistic work or objects of related right s. 
(b) devices, products, components or services for commercial 
purposes of circumventing effective technological  protection  
measures, enabling or facilitating circumvention of effective technological protection measures shall not be produce d, 
import ed, distribute d, sold, rent, advertise d for sa le or rental, or 
possessed . 
45. (a) Notwithstanding the provisions of s ection 44, the beneficiary 
person or entity that  are entitled to exceptions  and limitations  in 
subsections (a) and (b) of section 27, subsection (b) of section 28 
and section 33 may enjoy circumvention of such measures for 
using the works protected by technological measures.  
(b) The provision of  subsection  (a) shall not apply to literary or 
artistic works or objects of related rights or other literary or 
artistic subject -matters made available to the public on agreed 
contractual terms to access them from a place or at a time 
individually chosen by them . 
 
Chapter XVI  
Registration of Copyright or Related Rights  
46. Under this law, a ny author or owner of copyright who wishes to 
register a literary or artistic work in order to have sufficient evidence, may 
apply to the Registrar in accordance with the stipulations.  
47. The Registrar shall notify the applicant that he shall revise and r e-
submit the application which does not conform  with the stipulations as may 
be necessary after examining the application for registration of the literary 
or artistic work.  
48. The applicant for the registration of a literary or artistic work may:  
(a) file with the Registrar to correct any clerical error  and other 
mistakes that may be permitted to correct  in the application or 
any document after subscribing the prescribed fees, before  the 32 
 
Registrar makes the decision on registration or before  the 
Agency makes the decision on the appeal against the decision of 
the Registrar;  
(b) withdraw the application for registration of a literary or artistic 
work before  the Registrar makes the decision on registration or 
before  the Agency makes the decision on the appeal against the 
decision of the Registrar.  
49. If the applicant does not  fulfill the requirements  within 30 days from 
the date of receiving the notice,  although the applicant has received the 
notice under s ection 47, the application for  registration of a literary or 
artistic work shall be considered that it has been withdrawn.  
50. With respect to application for registration of a literary or artistic 
work which conforms  with the stipulations, the Registrar:  
(a) may grant o r refuse the registration after examining whether it 
conforms  with s ections 13, 14, 15 and 16;  
(b) shall record such grant or refusal under subsection (a) and notify 
the applicant about it, and publish it in the prescribed  manner  if 
registration is granted;  
(c) shall issue the Certificate of Copyright R egistration  to the 
applicant  if registration is granted.  
51. (a) The owner  of copyright may apply to the Registrar to issue the 
certified copy of the Certificate of Copyright R egistration  after 
subscribing  the prescribed fees if the original certificate is  
damaged or lost . 
 (b) The Registrar shall check an d issue the certified copy of the 
Certificate of Copyright R egistration .  
52. The owner of copyright may apply to the Registrar to correct clerical 
error or other mistakes that may be permitted to correct or  to change  
nationality and address recorded in the register after subscribing  the 
prescribed fees.  33 
 
53. The owner of related rights who wishes to register the performance 
and phonogram in order to have valid  evidence may apply to the Registrar 
in accordance with the provisions  of registration mentioned in this Chapter.  
54. Copyright or related rights of performers, producers  of phonogram  
and broadcasting organizations shall enjoy the rights in this Law whether  
they are registered or not under this Law.  
 
Chapter XVII  
Cancellation of Copyright or Related Rights  Registration  
55. If it is found that any of the registered copyright or related rights is 
prejudicial to any person or to public interests, the person or organization 
concerned may apply to the Registrar for cancellation of the said 
registration.  
56. The Registrar shall , upon the application of the person or 
organization concerned, cancel the copyright or related rights registration 
if: 
 (a) it is found that the literary or artist ic work is not protected under 
section 16;  
 (b) it is found that the author or owner of copyright or related right s 
is not entitled to registration;  
 (c) it is found that the  Certificate of Copyr ight or Related Rights 
Registration  has been obtained by fraud, misrepresentation or 
concealment of any prescribed  substantive information; or  
 (d) the final decision or judgment of the relevant Intellectual  
Property Court regarding the application for cancellation of registration of  copyright or related rights  has been received. 
57. If registration has been cancelled, the Registrar shall record such 
cancellation and notify  the owner of the copyright or relate d rights of the 
cancellation and publish it in accordance with the stipulations.  
 34 
 
Chapter XVIII  
Appeal  
58. (a) Any person who is dissatisfie d with any decision made by  the 
Registrar under this Law may appeal to the Agency within 60 
days from the date of publication of such decision.  
 (b) The Agency may confirm, cancel or revise the decision of the 
Registrar or direct that further evidence shall be produced in  the 
appeal under subsection (a). 
 (c) The Agency may confirm, cancel or revise the decision of the 
registrar  if further evidence is produc ed under subsection (b) . 
59. Any person who is dissatisfie d with the decision made by  the 
Agency may file a case in the Intellectual Property Court which is vested 
the jurisdiction by the Supreme Court of the Union for this purpose , within 
90 days from the date of receiving the notice of such decision.  
Chapter XIX  
Formation of a Collective Management Organization on Copyright or 
Relate d Rights and its Functions  and Duties  
60. A person who wishes to form a Collective Management Organization:  
 (a) shall apply to the Agency for formation of a collective 
management organization together with its  organizational 
structure , articles of association and code of conduct  according to 
the prescribed categories of copyright;  
 (b) may include  experts in the relevant categories of copyright  or 
related rights as members  in the organization , in applying for 
formation of a collective management organization on copyright 
or related rights under subsection (a). 
61. The Agency shall : 
(a) grant  or refuse the formation of Collective Management  
Organization  by prescribing the terms and conditions after 
examining  the application under s ection 60;  
(b) guide  the granted  collective management organizations on 
copyright  or related rights according to the prescribed categories 35 
 
of copyright in respect of their  functions and duties and 
coordinate them if necessary.  
62. In respect of  the categor ies of copyright, coll ective management 
organizations  on copyright or related rights:  
 (a) shall  encourag e literary or artistic creation;  
 (b) may negotiate  and settle  disputes  for enjoyment of the rights of 
authors and owners of copyright or related rights and for 
protection from infringement of such rights;  
 (c) may accept literary or artistic works, performances and phonograms  entrusted by the author and owner of copy right or 
related rights and may collect the equitable remuneration from the users and distribute to  the author or owner of copyright or 
related rights;  
 (d) may collect and maintain literary or artistic works, performances 
and phonograms with the consent  of the author or owner of 
copyright or related rights or by purchasing, so as not to be 
obscured ; 
 (e) may communicate with foreign collective management 
organizations, international organizations and regional 
organizations  and accept from and give assistance to  them ; 
 (f) shall comply with rules and  regulations and by e-laws prescribed 
by the Ministry and relevant Ministries and the terms  and 
conditions and directives prescribed by the Agency.  
 
Chapter XX  
Establishment of the Intellectual Property Court s 
63. The Supreme Court of the Union:  
 (a) may establish  the Intellectual Property Courts in any appropriate 
place  and appoint judges to adjudicate on  the criminal or civil 
cases with respect to the  intellectual property matters ; 36 
 
 (b) may confer the jurisdiction and authority  to the judges appointed 
under subsection (a) to adjudicate on the intellectual property  
matters;  
 (c) may confer the jurisdiction and authority of the Intellectual 
Property Courts to the appropriate  Courts to adjudicate on the 
intellectual property  matters before the establishment of the 
Intellectual Property Courts under subsection (a); 
 (d) shall confer jurisdiction and authority to  the Intellectual Property 
Courts  that have jurisdiction over  appea l and revision cases 
against any judgment, order and decision made by the 
Intellectual Property Courts.  
 (e) shall confer the jurisdiction and authority to the appropriate 
Intellectual Property Court  to adjudicate on the cases  under s ection 
59; 
Chapter XXI  
Protection of Copyright or Related Rights by the Customs Department  
64. A right holder who has grounds for suspecting that pirated  copyright 
or related rights goods have been imported or are being import ed or are to 
be imported into the territory of Myanmar may apply to issue suspension 
order of the free circulation  of such goods into the channels of commerce  
to the Director General of the Customs Department  in accordance with the 
stipulations.  
65. (a) The Director General of the Customs Department : 
 (i) shall notify the applicant whether the application has been accepted or rejected within 30 days from the receipt of the 
application under s ection 64;  
 (ii) shall notify the applicant  that he shall  submit  additional 
information within 15 days from the date of issuance of  
notification if the information necessary for adjudication of 
the application is not sufficient and defer his decision;  
 (iii) may determine that the applicant must  provide  an assurance 
to the Customs Department  in accordance with the stipulations , 
in accepting the application;  
 (iv) shall state the reason clearly if the application is rejected.  37 
 
 (b) Unless the applica nt requested a shorter period , the undertakings 
included in subsection  (a) shall be effective for a period of 6 
months. 
66. (a) Following the acceptance o f the application according to s ection 
65 or according to the findings of the Customs Department , and 
if they have reasonable grounds for presumption that imported 
goods ar e copyright or related rights  infringing goods , the 
Director General of the Customs Department  shall suspend the 
release of such goods into free circulation and shall immediately 
notify the applicant  and importer of such suspension.  
 (b) Without prejudice to the protection of confidential information, 
the Director General of the Customs Department  shall give the 
applicant and the importer sufficient opportunity to inspect the 
goods under suspension to substantiate the applicant ’s claim that 
the goods are copyright or related rights  infringing goods . 
67. (a) The goods shall be released within 15 days from the date of  
notification  of the suspension to the applicant if the Director 
General of the Customs Department  has not been informed that 
proceeding leading to a decision on the merits of the case have been initiated by the applicant  or the provisional measures 
ordered for suspension of the release of goods  by the Intellectual 
Property Court are prolonging. In appropriate cases, this time 
limit may be extended another 15 days by the decision of the 
Director General of the Customs Department  before the expiry 
of 15 days. 
 (b) The time  limit shall be 3 days in the case of perishable goods. 
68. The importer who is dissatisfie d with the suspension order may file a 
revision  to the respective Intell ectual Property Court after receiving the 
notice of suspension. The Intellectual Property Court shall modify  or 
revoke  or confirm the term  of suspension within 30 days from the date of 
request for review.  
69. If the Intellectual Property Court has decided that the goods are 
copyright or related right s infringing goods , the importer is liable to pay the 
costs of storage, destruction or disposal of such goods to the Customs 
Department . 38 
 
70. If the Intellectual Property Court has decided that the goods are not 
copyright or related right s infringing goods , the applicant shall pay 
damages due to wrongful suspension and detention of such goods in an 
amount determined by the Intellectu al Property Court to the importer . 
71. The provisions of  this Chapter shall not be applicable to pirated  
copyright or related right s goods of a non-commercial nature carried in  the 
importer ’s luggage for personal use or imported or exported goods 
prescribed in the rules.  
72. The Director General of the Customs Department  may exchange the 
information and cooperate with the World Customs Organization, Director 
General of the Customs Department  from  other countries and C ollective 
Management O rganizations with respect to pirated copyright or related 
rights  goods.  
 
 
Chapter XXII  
Authority  of the Intellectual Property Court s on Copyright or Related 
Right s Infringements  
73. (a) The right holder may file a  civil miscellaneous case for his 
grievance in the Intellectual Property Court to  order provisional  
measures  under s ections 74 and 75 ; 
 (b) The right holder may file a criminal or civil case in  the 
Intellectual Property Court.  
74. (a) The Intellectual Property Court may  order  the following one or 
more provisional measure s for civil remedies upon the 
application under subsection (a) of section  73 in respect of the 
infringement of copyright or related  rights : 
(i) an order  as it thinks fit to prevent the infringement of 
copyright or related rights and to prevent the entry into the 
channels of commerce of the State of copyright or related 
rights infringing goods including imported goods  after 39 
 
paying leviable duties to the Customs Department and 
customs clearance;  
(ii) an order  as it thinks fit to pre serve  relevant evidence in 
regard to  the alleged infringement of copyrigh t or related 
rights ; 
(iii) an order to modify, revoke  or confirm the order of 
suspension issued by the relevant Customs  Department . 
(b) The Intellectual Property Court may  direct  the a pplicant to 
provide  the following to take  provisional measure s: 
 (i) valid evidence  that the applicant is the right holder and that 
the applicant’s right is being infringed or that such 
infringement is imminent.  
 (ii) sufficient  assurance to prevent abuse of provisional 
measures.  
(c) The Intellectual Property Court may further direct  the applicant 
to supply  additional information necessary for the identification 
of the  alleged copyright or related right s infringing goods w hen 
ordering  the provisional measures under subsection (a). 
(d) The Intellectual Property Court shall revoke or  cease to have 
effect the provisional measures ordered under  subsection  (a) of 
section 74 and subsection (a) of section  75 upon request of the 
respondent  without prejudice to subsection  (b) of section 75, if 
civil proceeding is not initiated , within the reasonable period 
determined by the Intellectual Property C ourt or  in the absence 
of such determination, within 30 days from the date  of ordering 
the provisional measures , to decide on merits of the case for the 
injury commencing  from the date of execut ion of  the requested 
provisional measures.  
(e) where  the provisional measures are revoked or  where they lapse  
due to any act or omission by the applicant, or where  it is 
subsequently  found that there  has been  no infringement or 
probability of  the infringement of copyright or related rights , the 40 
 
Intellectual Property Court may order the applicant , upon request 
of the respondent, to provide the respondent  appropriate 
compensation for any injury caused by  these measures.  
75. (a) The Intellectual Property Court may make an ex parte order of  
provisional measures in any of the following conditions:  
(i) where  any delay is likely to cause irreparable harm to the 
right holder;  
(ii) where  there is a demonstrable  risk of evidence being 
destroyed . 
(b) Whe re making an ex  parte order of provisional measures, the 
Intellectual Property Court shall;  
(i) notify the respondent of  the provisional measures without 
delay  after the execution  of the measures ; 
(ii) execute the provisional measures within the period 
determined by the Intellectual Property Court or, in the 
absence of such determination within 30 days from  the date 
of notification  if the respondent  does not follow the 
notification.  
(c) The Intellectual Property Court shall review the provisional 
measures, upon request of the respondent , by hearing both sides 
within the reasonable period , in order to make de cision on 
whether these  measures need  to be  modified, revoked or 
confirmed. 
76. (a) The Intellectual Property Court, may , in case of the infringement 
of copyright  or related rights , pass any one or more of the 
following orders without prejudice to the Civil Law and the 
Code of C ivil Procedure  in the proceedings  under  subsection  (b) 
of section 73 : 
(i) an injunction  against  the infringement of copyright or related  
rights , including prevention of the entry into the channels of 
the commerce of the State of  imported copyright or related 
right s infringing goods after  paying leviable duties to the 
Customs Department and  customs clearance;  41 
 
(ii) (aa) an order to pay the right holder  sufficient  damages for 
the injury that the right holder has  suffered  due to the 
infringement of copyright or related right s  by the 
infringer or an order to pay  the right holder  pre-
established damages or the profits obtained by the 
infring er or both, in appropriate cases;  
 (bb) an order  to pay the right holder  appropriate expenses 
including legal costs and attorney’s fees;  
(iii) an order that the copyright or related right s infringing goods 
be disposed of outside  the channels of commerce or 
destroyed without paying any compensation to the right 
holder in order to avoid any harm caused  to the right holder;  
(iv) an order that the materials and implements  predominantly 
used in the creation  of copyright or related right s infringing 
goods be disposed of outside  the channels of commerce or  
destroyed . 
 (b) When considering to pass any order under clause s (iii) and (iv) 
of subsection  (a), t he Intellectual Property Court shall take into 
account  proportiona lity between  the seriousness of the 
infringement of copyright or related  right s and such order as well 
as the interests of the third parties . 
77. The Intellectual Property Court may order the applicant to  pay the 
respondent compensation and legal costs including attorney’s fee and other 
expenses of the respondent  who has been wrongfully restrained by  the 
complaint  where the complaint about the infringement  of copyright or related 
rights is appeared incorrect and dishonest . 
78. (a) The Intellec tual Property Court may order the adverse party  to 
produce evidence , by ensuring the protection of confidential 
information in appropriate cases, without prejudice to the 
provisions of existing laws, for the following conditions:  
 (i) when the right holder has produced valid  evidence  to support 
his claim s sufficiently ; 42 
 
 (ii) when  the right holder has specified that the valid  evidence  
relevant to his claim s are in the hands of the adverse party . 
 (b) The Intellectual Property Court may , in voluntary infringement 
without valid reason, make preliminary and final determinations  
such as affirmation or rejection based on the information 
including allegation and declination, subject to providing the 
parties an opportunity to be heard on allegation or evidence in 
the following situations:  
  (i) refus ing to provide  necessary information;  
  (ii) not provid ing necessary information within a reasonable 
period;  
  (iii) significantly  imped ing the procedure relating to an 
enforcement action . 
79. If the Intellectual Property Court has imposed a fine for  any of fence 
prosecuted under this Law, it may order to pay the aggrieved person  the 
whole or part of such fine as damages.  
80. If both criminal and civil cases are filed  on the basis of the same 
matter, the Intellectual Property Court shall set -off the money given as  
damages from the fine imposed under section  79 when passing the 
judgment, order and decree to pay damages for  injury  in the civil case.  
81. The Intellectual Property Court  may apply the provisions in the 
Evidence Act, the Code of Criminal Procedure, the Code of Civil Procedure 
and other relevant existing laws if it is not pro vided expressly in this L aw in 
respect of the enforcement actions  for the infringement of copyright or related 
rights. 
Chapter XXIII  
Offences and Penalties  
82. Whoever commits any of the following offences  shall, on conviction, 
be punished with imprisonment for a term not exceeding three years or with a fine not  less than one million kyats or with both:  
 (a) for commercial purpose, without the consent  of the right holder ; 
(i) direct or indirect reproduction or communication to the 
public or distribution to the public, o f the work protected by 
copyright  or objects protected by  related rights;  43 
 
(ii) possessing or dealing pirated copyright or related rights  
goods ; 
(iii)importing  pirated copyright or related right s goods into 
Myanmar;  
(iv)acting in a way prohibited under s ections 43 and 44. 
(b) possessing any materials or implements which has been used 
predominantly to produce copyright or related rights  infringing 
goods. 
83. Whoever having already been convicted of  any act provided in 
section 82 is again convicted of such act, shall  be punished with 
imprisonment  for a term from a minimum of three years to a maximum of 
10 years and be liable to a fine not exceeding 10 million kyats. 
84. Whoever commits any of the following offence s shall, on conviction, 
be punished with imprisonment for a term not exceeding one year or with a 
fine not exceeding two million kyats or with both:  
 (a) issuing or direct ing to issue a C ertificate of  Copyright or Related 
Rights R egistration  dishonestly;  
 (b) making or direct ing to make a false entry in the Register of 
copyright or related rights.  
85. Whoever conspires or abets in commission of an y offence in this 
Law shall be liable to the punishment provided for such offence.  
 
Chapter XXIV  
Miscellaneous  
86. The literary or artistic work or object of related rights of which term 
of protection has expired under this Law  shall be considered as public 
domain. That public domain work or object  may be freely used without 
permission  of the author or owner of copy right  or related rights, provided 
that the user shall not prejudice  to the name and right of integrity  of the 
author.  44 
 
87. The term of the copyright which has not expired under the Myanmar 
Copyright Act, 1914 repealed by this Law, shall continue to be valid and it 
shall be the same as the term of the copyright provided in this Law.  
88. The term of related rights of the performers, producers  of phonogram  
and broadcasting organizations before this Law has come into force shall 
be in accordance with the term provided in Chapter XIV of this Law.  
89. The provisions of this Law shall not affect contracts on works, 
performances, phonograms and broadcasts concluded  before this Law has 
come into force.  
90. The copies that were lawfully made for public interest without the 
authorization of the owner of  copyright or related rights before this Law 
has come into force may be distributed to the public without permission  of 
the owner of copyright or related rights  for a period not exceeding two 
years from the date of coming into force of this Law.  
91. The copy of  the Certificate of Copyright or Related Rights 
Registration  and documents certified and sealed by the Registrar may be 
presented  as evidence in the relevant Intellectual Property Court . 
92. The Intellectual Property Court may  pass an order that the copyright  
or related rights  infringing  goods and implements related to commission of 
the offence be forfeited, destroyed or may pass an appropriate 
adminis trative order to act in any other ways. 
93. Notwithstanding the provisions of subsection  (a) of section 18, 
literary or artistic work or object  of related rights may be used by the State 
for the public security and administrative, legislative or judicial books and 
documents or for the appropriate activities.  
94. The offences under this Law shall be determined as cognizable 
offences.  
95. The d isputes on copyright or related rights between the two parties  
may be settled by means of mutual consultation amicably or arbitration or  
judicial proceedings . 45 
 
96. The Ministry shall be  responsible  for office works of the Central 
Committee and the Agency and bear their expenses to implement the 
provisions  of this Law. 
97. The Ministry shall fix honorari a and allowance s for the members of 
the Central Committee, the Agency and Working Groups  who are non- civil 
service personnel  with the approval of the Union Government . 
98. The term of the person at the  Union level under this Law is normally 
the same as that  of the President.  
99. The Ministry may form and assign the department and its division s 
in the respective field of Intellectual Property to carry out  the functions  and 
duties  of the Agency.  
100. The Central Committee and the Agency  established under this law 
shall be considered to encompass all Intellectual Property laws.  
101. In implementing the provisions of  this Law:  
(a) the Supreme Court of the Union may issue rules, regulations 
notifications, orders, directives and procedures  relating to 
judiciary ; 
(b) the Ministry and the relevant Ministries may:  
 (i) issue rules, regulations and bye-laws with the approval of the 
Union Government;  
 (ii) issue notifications, orders, directives and procedures.  
(c) the Ministry undertaking the functions of customs  may issue 
rules, regulations and bye-laws relating to customs with the 
approval of the Union Government.  
(d) the Agency and the Department may issue notifications, orders, 
directives and procedures with the approval of the Ministry .  
102. The Myanmar  Copyright Act, 1914 is hereby repealed.  
 I hereby sign in accordance with  the Constitution of the Republic of 
the Union of Myanmar. 
 
 Sd/  
 President  
 The Republic  of the Union of  Myanmar