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Applicants for copyright registration are entitled to correct or withdraw their applications under Articles 48 and 52 of Myanmar’s Copyright Law. KENFOX would like to provide below essential insights and details to help copyright applicants prepare, ensuring a smooth process of correcting or withdrawing their copyright applications in Myanmar.

1. Correction of errors in copyright registration applications

Article 48(a) allows the applicant to file a request with the Registrar for correcting any clerical error or other mistakes in the application or any document. This can be done after paying the prescribed fees and must occur before the Registrar decides on the registration or before the Agency decides on an appeal against the Registrar's decision.

Article 52 provides for the owner of copyright to apply to the Registrar for correcting clerical errors or other mistakes that may be allowed to be corrected or to change nationality and address recorded in the register. This correction requires the payment of prescribed fees

• Scope of correction: This part allows applicants to correct clerical errors and other mistakes in their application or any associated documents. The inclusion of "clerical error and other mistakes" suggests a broad interpretation that encompasses simple data entry errors, misspellings, incorrect information, and possibly more substantive errors, as long as they are permitted by the Registrar.
• Process and timing: Corrections must be filed with the Registrar after paying any prescribed fees. The timing is critical; corrections can be made at any point before the Registrar decides on the registration application or before the Agency (likely an appellate body or higher authority within the copyright office) makes a decision on an appeal.
• Prescribed fees: The mention of "subscribing the prescribed fees" indicates that a fee structure is in place for processing corrections. The specific amount is not detailed here, implying that it is either specified elsewhere in the law or determined by the Registrar's office. Fees likely cover administrative costs associated with reviewing and processing the corrections.

2. Withdrawal of copyright registration applications

Article 48(b) states that the applicant can withdraw the application for registration of a literary or artistic work before the Registrar makes a decision on registration or before the Agency makes a decision on the appeal against the Registrar's decision.

• Right to withdraw: Applicants are granted the right to withdraw their application for the registration of a literary or artistic work. This provision recognizes that circumstances may change or that upon further reflection, an applicant may choose not to pursue copyright registration.
• Timing of withdrawal: Withdrawal must occur before the Registrar has made a decision on the application or before the Agency has decided on an appeal.

By Nguyen Vu QUAN

Partner & IP Attorney