Myanmar counterfeiting case

Rare example of a criminal counterfeiting case

Although there is still no trade mark law in Myanmar, there are actions that brand owners can take to protect their marks, including recording the marks with the Registry of Deeds and Assurance and, where appropriate, bringing a passing-off action.  

We recently became aware of an interesting criminal counterfeiting case that came before the Yangon courts last year: U Tint Naing Vs. Daw Kyu Kyu San & others.

The case began when the Myanmar distributor of the South Korean cosmetics brand, Nature Republic, took action against four shop owners in Yuzana Plaza, Yangon, claiming that they were selling counterfeit cosmetics.  The police subsequently arrested a wholesaler and discovered that the fake goods had been imported.  Most fake products in Myanmar come overland from China. The four retailers cooperated and the matter was settled on the basis that public apologies were published in local newspapers, and compensation was paid by the wholesaler.