Burma Government website

Website of the Burmese Government

Myanmar - 5-Protection of property rights MIL provides that any non-resident investment may conclude long-term lease agreements with individual tenants or, in the case of state-owned property, with the appropriate governmental authorities or organisations if the investment is approved or endorsed by the MIC. When an approval or endorsement is granted, a non-German investment may conclude lease agreements with an original duration of up to 50 years (with the option of renewal for two further periods of ten years each).

The MIC may authorise longer useful lives or leasing contracts in order to encourage the emergence of less developed areas that are remote. A persistent problem for non-nationals, however, is investing in large agricultural-project. Proprietary titles to large sites for investments are often controversial because the site is not well entrenched, especially after half a centurys of expropriation; it is not unusual for overseas companies to face municipalities' grievances of insufficient advice and redress in relation to sites they seek to rent from the state or from political entities.

It was in January 2016 that the federal administration issued the endorsed National lan use policies. Policies include measures to ensure the application of efficient environment and OSH schemes, to improve the involvement of the general population in the decision-making process related to zoning, to improve the accessibility of the general population to precise information on zoning and to develop autonomous conflict settlement schemes.

If necessary, the policies are to be revised every five years and provide for a new federal soil act to be drawn up and made. It will also serve as a guideline for the harmonisation of all legislation in force in the State. The Burmese government adopted the Condominium Act on January 22, 2016.

It states that up to 40 per cent of the apartments on the 6th storey of a property and above can be for sale to overseas purchasers. Under the new Act, homeowners have co-ownership of the property and the flat. New owner-occupied housing in Rangoon will not fulfil the legal requirements, however, as most investments by overseas developers have been constructed on state-owned properties as part of build-operate-transfer (BOT).

The 1987 Law on Restrictions on the Transfer of Real Estate prohibits mortgaging real estate if the loan is granted to a non-resident enterprise or a non-resident financial institution. Myanmar is working to improve the level of IP right privacy. Patents, trademarks, designs and copyrights are outdated and inadequate, and there is minimum legislation and enforcemet.

Consequently, there is no copyright in Burma. Furthermore, there is no trade mark right in Burma, although a trade mark is possible. There is no tribunal in Burma specifically concerned with IP issues. Litigation relating to the violation of IPRs is subject to joint procedural provisions under private and penal code.

Similarly, there is no body responsible for monitoring the management, recording and enforcing of IP. Myanmar is trying to remedy these shortcomings in law and the high levels of anti-counterfeiting and theft. Burma has declared its willingness to modernise its IP legislation in accordance with the ASEAN Framework Agreement on IPR Cooperation since it became an ASEAN member in 1997.

By advising outside actors and professionals, the Ministry of Education has developed four new legislation on IP - brands, copyright, patents as well as industry designs - with the goal of providing a state-of-the-art, inclusive IP regulatory environment and enhancing the Burmese working environment. Anticipating the adoption of the Trade Mark Law, Burma has set up a unique IP office with the support of USAID, which will supervise adherence to IP legislation and be accountable for the further development of IPR.

The WTO has also postponed until 2021 the TRIPS (Trade Related Aspects of Intellectual Property) agreements for the least developed countries, Burma included. Please visit the website of the US Embassy in Burma "Lawyers and Notaries" for more information on Myanmar-Lawyers.

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