Insights / Updates

Stay up to date with legal developments in Myanmar.

What's New

Rajah & Tann Asia's Annual Regional Trade Report 2022

2022 has been an interesting year as the world emerged from the pandemic. Hard core restrictions from the pandemic are all but gone and face-to-face meetings are starting to become the norm again. We are not quite at the fervour that we were at pre-pandemic, although the chorus would agree that 2021 remains an exceptional year.

Going into 2023, the prognosis is that it is going to be a challenging year with headwinds. Yet, this may not be the case for trade law related matters, where there have been interesting developments in 2022, and continued supply chain disruptions which are seeing a changing global trade play.

In this Annual Report, we highlight key developments across Southeast Asia, such as regulatory activity relating to anti-dumping and safeguard measures, developments relating to export/import, free trade agreements, as well as sanctions, as they have occurred in 2022. Businesses are reminded to stay updated on legislative and enforcement developments on trade-related matters, which involves not only legal compliance but also understanding practically how to work with regulators. It is important for your internal trade processes to be continually monitored and updated, and for your employees to be continually trained and skilled. If you would like us to come in and do a training or dialogue with you, we would be happy to do so. We look forward to more opportunities to work and engage with you this year.

As we get into the 2023, we wish you the Very Best for the Year, and look forward to working with you. Our team stands ready to assist in any case or query or just to have a chat.

New Trademarks Law Anticipated in Myanmar in March 2023

On 12 January 2023, the Department of Intellectual Property of Myanmar under the Ministry of Commerce issued a notice stating that the new Trade Mark Law (2019) is anticipated to come into force in March 2023. First passed in Myanmar on 30 January 2019, the new law sought to introduce a formal trademark examination process and a new electronic trademark system, among other changes. The Trade Mark Law (2019) has yet to fully come into force, having been in a 'soft opening period' for partial implementation since 1 October 2020. 

The announcement of the Trade Mark Law (2019) being set to come into force is a significant development in the implementation of the new trademark registration system. This Update highlights what parties should be aware of regarding the Trade Mark Law (2019) and the applicable procedures and requirements.


Shipping Law Updates

The Shipping Law Updates is a publication by our Regional Shipping Group which marshals legal expertise, industry insight, and commercial acumen in the fields of maritime and trade from the diverse talent pool of specialist lawyers at the Rajah & Tann Asia offices. The publication provides a snapshot of the key legal, regulatory, case law and industry developments in the region that have an impact on the shipping industry and your operations.

In this issue, we consider the occurrence of supply disruptions in commodities trading and the contractual remedies available to affected parties along the supply chain – specifically, we take a look at the example of the Indonesia oil export ban earlier this year and the options available under the Palm Oil Refiners Association of Malaysia contracts. On the topic of international trade, we also examine the relationship between the sale contract, the carriage contract and the financing arrangements in the context of a recent judgment of Malaysia’s apex court in Malayan Banking Berhad v Punjab National Bank [2022] 4 MLJ 758 (Federal Court).

Moving on to topics involving vessels and crew, we discuss the statutory regimes for the payment of compensation to employees for workplace injury and how it interacts with private settlements, against the backdrop of the recent Singapore High Court decision involving a crewmember aboard a vessel in M.T.M. Ship Management Pte Ltd v Devaswarupa & 3 Ors [2022] SGHC 178. We also take a look at the Bombay High Court's decision The Swedish Club v V8 Pool Inc. and Other. (Commercial Appeal Nos. 108 and 111 of 2021), which considered whether crew wages incurred post-arrest could be ranked as Sheriff's (or marshal's) expenses, and whether recoupment of such wages and Maritime Labour Convention expenditure by a P & I club are also to be treated as Sheriff's expenses.