Parallel Import Enforcement Myanmar

In Myanmar, there are no specific provisions about parallel imports. However, some provisions of the Myanmar Trademark Law, Myanmar Industrial Design Law, and Myanmar Competition Law discuss the importation of products into Myanmar by an importer other than the rights owner.

Trademark

According to the Trademark Law, the mark owner may not prohibit the use of its mark on goods that are already in the market, if sent either by the mark owner or with the mark owner’s consent. The mark owner may, however, prohibit continued selling of goods that have been altered or damaged after they were sent to the market.

Industrial Design

Under the Industrial Design Law, rights to registered industrial designs do not apply to the corresponding products that have already been officially sold in or imported to the country by either the industrial design owner or a party granted permission by that owner. However, there are no specific provisions in the Industrial Design Law regarding parallel import of industrial designs into Myanmar.

Competition Law

The Competition Law prohibits the selling of goods competitively in the market at a price below their production cost (or cost, insurance, and freight if imported). However, there is no specific indication regarding parallel imports.

Pharmaceuticals

Unregistered pharmaceutical products are considered illegal goods and parallel imports in Myanmar. All pharmaceuticals imported into Myanmar must be registered with the Food and Drug Administration (FDA). Therefore, the FDA can require proof that a second importer of the same medicinal product has obtained approval from the first registered importer before granting its approval. The FDA is very active in conducting inspections and taking administrative action against the distribution of unregistered pharmaceutical products. However, there are currently no known or published court cases on parallel imports of pharmaceuticals into Myanmar.

By Yuwadee Thean-ngarm and Sher Hann Chua, Tilleke & Gibbins, Myanmar, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact myanmar@transatlanticlaw.com

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