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RUCNDT/USMISSION USUN NEW YORK 1315
RUEKJCS/SECDEF WASHDC
RUEHBS/USEU BRUSSELS
RUEKJCS/JOINT STAFF WASHDC

UNCLAS SECTION 01 OF 03 RANGOON 000095 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EAP/MLS, EEB/IPE 
PACOM FOR FPA 
TREASURY FOR OASIA:SCHUN 
 
E.O. 12958:N/A 
TAGS: ECON ETRD KIPR BM
SUBJECT: BURMA: 2008 SPECIAL 301 REVIEW 
 
REF: STATE 8475 
 
RANGOON 00000095  001.2 OF 003 
 
 
¶1. Summary: With other Least Developed Countries, Burma received an 
extension until July 2013 to provide protection for trademarks, 
copyright, patents and other intellectual property under the WTO 
TRIPS agreement.  The GOB has completed nine drafts of new IPR Laws, 
but since the 
WTO's extension of its TRIPS deadline, has taken no further action. 
In the absence of new legislation, Burmese lawyers apply old laws, 
which provide minimal trademark and copyright protection.  Awareness 
of IPR issues in the general public is low, as is the level of 
economic activity that utilizes protected intellectual property. 
Post does 
not recommend that Burma be put on the Special 301 List.  End 
Summary. 
 
Endless Drafting of IPR Laws 
---------------------------- 
 
¶2. The GOB's existing copyright law dates from British colonial rule 
in 1914.  Its patents and designs acts, which also date from before 
World War II, are no longer enforceable.  Burma does not have a 
trademark law, although government law officers say that provisions 
to safeguard trademarks and property marks exist in the Penal Code 
and the Specific Relief Act.  Sources in the Attorney General's 
Office tell us they have completed nine drafts of new IPR 
Laws since 2004, with input from the Ministries of 
Information, Commerce, Industry, and Science and 
Technology, and with technical assistance from WTO and 
WIPO.  The drafts include a new Trademarks Law, Copyright Law, 
Patents Law, and the Industrial Design Law.  However, after the WTO 
extended the deadline for LDC compliance to 
2013, the GOB halted action on its IPR drafts. 
 
Other Legal Protection 
---------------------- 
 
¶3. With no proper IPR law, police and customs authorities use the 
following acts and laws to charge violators: 
- Myanmar Penal Code (1861) 
- The Specific Relief Act (1877) 
- The Sea Custom Act (1878) 
- The Registration Act (1909) 
- Myanmar Foreign Investment Law (1989) 
- Myanmar Citizen Investment Law (1989) 
- The Television and Video Law (1996) 
- The Computer Science Development Law (1996) 
- The Electronics Transaction Law (2004) 
 
Optical Media Piracy 
-------------------- 
 
¶4. No specific laws exist to make optical media piracy (CDs, VCDs 
and DVDs) illegal.  Local lawyers told us that the existing 
copyright law and the 1996 Television and 
Video Law extend limited protection to optical media.  The 
Television and Video Law from 1996 prescribes penalties for 
infringement of copyright in Television and Video. 
Infringement is defined as copying, distributing, hiring or 
exhibiting for commercial purposes a censor-certificated videotape 
without the permission of the license holder. 
Punishment is three years imprisonment and/or a maximum K.1,000,000 
(approx. US $800) fine.  Lawyers said the Television and Video Law 
protects only videotapes and there is no amendment for CDs, VCDs, or 
DVDs. 
 
¶5. Many Burmese copy and sell locally produced audio CDs, karaoke 
and movie VCDs, and DVDs without permission.  On rare occasions when 
producers and artists complain, police have raided shops and 
 
RANGOON 00000095  002.2 OF 003 
 
 
arrested violators.  Police do not often take action against dealers 
in Rangoon and other major Burmese cities who sell pirated foreign 
CDs, VCDS and DVDs, produced mainly in China.  Police raids are 
often politically motivated (an effort to confiscate anti-regime or 
politically sensitive movies and music), rather than part of an 
effort to protect IPR. 
 
Use/Procurement of Government Software 
-------------------------------------- 
 
¶6. The GOB procures computer equipment from private companies, with 
pirated software already installed.  Legitimate software is not 
often available in Burma, and most GOB Ministries cannot afford to 
pay and install such software. 
 
¶7. Two laws cover computers: 
 
- The Computer Science Development Law imposes penalties for import 
or export of any type of computer software or any information 
proscribed by the Myanmar Computer Science Development Council under 
section 6 (g) of the law, as well as penalties for using information 
technology to infringe on intellectual property rights. 
 
- The Electronic Transactions Law covers infringement of copyright 
in computer programs.  It prescribes penalties for sending, hacking, 
modifying, altering, destroying, stealing, or causing loss and 
damage to the whole or part of the computer program dishonestly. 
The offender can be punished with imprisonment, fine, or both. 
 
TRIPs Compliance and Other IP-related issues 
-------------------------------------------- 
 
¶8. No legislation exists to protect geographical indicators, designs 
of integrated circuits, plant varieties, or undisclosed 
pharmaceutical test data.  The following laws protect 
pharmaceuticals and agricultural chemicals, but, according to local 
lawyers, enforcement is ineffective. 
 
- National Drug Law: According to the National Drug Law 
(1992), only registered drugs can be imported into Burma. 
For drug registration, detailed specifications, drug samples, and 
lab results must be submitted together with the application. 
Punishment for importing fake drugs is a fine of K.5,000 to 
K.50,000, or imprisonment for seven years, or both.  Counterfeit 
drugs, mostly from China, have become a major problem. 
 
- The Pesticide Law (1990) and the Fertilizer Law (2002): 
According to the law, pesticides and fertilizers can be sold or 
distributed only after registration.  Applicants must submit 
relevant specifications and lab results for registration. 
 
¶9. No legislation or regulations exist to protect traditional 
knowledge or expressions of folklore, or to address issues related 
to genetic resources, including access and benefit sharing. 
Producers of traditional medicines are encouraged to register drug 
information, including ingredients and the production process, with 
the Burmese Food and Drug Administration.  The Food and Drug 
Administration does not offer data protection for traditional 
medicines. 
 
Production, Import and Export of Counterfeit Goods 
--------------------------------------------- ----- 
 
¶10. Garment manufacturers refute the allegation that Burmese 
factories produce counterfeit brands.  Owners of garment factories 
insist that they dare not accept orders to produce counterfeit 
brands and also that the low quality of garments manufactured in 
Burma cannot meet the required specifications for counterfeit 
brands. 
 
RANGOON 00000095  003.2 OF 003 
 
 
 
¶11. Production of counterfeit goods in Burma is rare.  A few earlier 
cases of production of counterfeit local medicines were resolved 
when police and Ministry of Health officials took legal action 
against the offenders.  The 
Ministry of Health occasionally posts warnings in local media when 
it finds counterfeit foreign medicines from neighboring countries in 
the market.   Burma does not export counterfeit items, but many 
counterfeit electronic goods come into the country, primarily over 
the China border.  According to lawyers, Burma can use its Sea 
Customs Act to penalize importers and exporters of counterfeit 
goods, but Customs officials rarely apply it. 
 
Enforcement 
----------- 
 
¶12. Organizations including WIPO, WTO, UNESCO (ACCU), 
Attorney General Office, Ministry of Commerce, Department of Science 
and Technology, Myanmar Computer Professional 
Association (MCPA), and the Myanmar Writers and Journalist 
Association have sponsored seminars and workshops on IPR issues in 
Rangoon and Mandalay.  Overall IPR awareness in the population 
remains very low. 
 
¶13. According to the checklist for the implementation of item 
2.7.2(F) of the Hanoi Plan of Action on the implementation of the 
TRIPS agreement, Burma is the only country which has not implemented 
any of the required articles. 
 
Treaties 
-------- 
 
¶14. According to local lawyers, the GOB has not implemented the 1996 
WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms 
Treaty (WPPT). 
 
Comment 
------- 
 
¶15. Since the manufacturing sector is moribund and few American 
products are available in Burma, the impact on U.S. firms of the 
country's weak IPR laws and poor enforcement is minimal.  The 
overall level of business activity and number of business 
connections to the international marketplace are also very low.  We 
already impose numerous sanctions on Burma, including on imports 
from Burma, so our negotiating leverage would be minimal.  Post does 
not recommend Burma be added to the Special 301 List.  Enforcing IPR 
laws will not become a GOB priority until political reforms allow 
the Burmese enough freedom to enter the global economy. 
 
VILLAROSA