Chapter 3 of the Myanmar Telecommunications Law stipulates that any person, department, or business organization, inside Myanmar or from abroad, willing to provide the following facilities and/or telecommunication services shall apply to the Directorate of Communication under the Ministry of Communications and Information Technology for permission and licence for the following services: (i) Network facility services (NFS); (b) Network Services (NS); and (ii) Application services (AS).
It is reported that the Government issues tenders upon Telecommunications Licenses are granted. The Government determines from a policy standpoint how many operators to let in. In addition, in 2020, it was reported that the government of Myanmar reportedly threatened to cancel licenses unless their holders complied with demands to block websites, including news outlets. Local government officials also stressed the need for providers to obtain permits to lay fiber-optic cables, build towers, and install Wi-Fi devices.

Myanmar has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Myanmar Post and Telecommunications (MPT) is a State-Owned Enterprise and it is the main telecommunications operator in the country and owns most of the existing telecommunications network infrastructure in Myanmar. MPT currently owns and operates a fixed network, several mobile networks, a long-distance transmission backbone, satellite earth stations, and an international gateway in Myanmar. Since the coup in February 2021, the military has seized control of MPT.

It is reported that Malaysia does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation since 2015.

It is reported that there is no obligation for passive infrastructure sharing in Myanmar to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.

In July 2019, the Securities and Exchange Commission of Myanmar issued Notification 1/2019 which announced that foreign entities and individuals are permitted to invest in the shares in Myanmar companies listed on the Yangon Stock Exchange (YSX). However, ownership is restricted to maximum 35% of shares as with shares above this percentages companies are designated as “foreign” under the Myanmar Companies Law (2017). As of March 2020, six companies are listed on the exchange. TMH Telecom Public Co., Ltd. (TMH) is listed on the stock exchange. TMH started its business operations in 2007 and focused on manufacturing quality automatic telephone exchanges, fiber construction and maintenance, and broadband internet service operations among other things.

Myanmar lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Protection for confidential information comes from the law of contract, so there is no means of protection where no contractual relationship exists. The secret know-how will only be protected on the basis of a mutual legal relation created by agreements (non-disclosure or confidentiality agreements/clauses) signed with subcontractors, licensees, etc., obliging them to keep the information confidential, as well as agreements signed with employees under which they have a duty not to disclose the confidential information, both during the term of their employment and after its termination, and also obliging them (contractors, licensees, employees, etc.) not to use it for competition purposes.
Additionally, Section 19 of the Competition Law 2015 ('the Competition Law') refers to disclosing or using secrets of another business. In particular, no businessman shall, in respect of disclosing secrets of any other business, carry out any of the following acts: infringing security measures protected by the lawful owners of business secrets by accessing and collecting business secrets and information related to such secrets; using or revealing information of business secret without permission of the lawful owner of such business; deceiving a person with an obligation to maintain secrets or abusing the confidence of such person in accessing, collecting, or revealing business secrets and information related to such secrets.

Myanmar has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Myanmar has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Copyright is not adequately enforced online in Myanmar. It is reported that ongoing copyright infringement issues in in the country, despite the implementation of the Copyright Law in 2019. The issue of unauthorized online posting of e-books without the necessary permissions from authors or publishers has been a cause for concern. Reports have highlighted numerous instances where a significant number of e-books were found to be accessible for download on various websites, either requiring payment or being offered free of charge. Similarly, the music industry has also been affected, with a significant number of consumers opting for cheap counterfeit copies or accessing free downloads from the internet instead of purchasing genuine productions.

Myanmar is not a party to the Patent Cooperation Treaty (PCT).

The Myanmar Copyright Law provided wide exemptions from economic rights, with a general reference to the concept of 'fair practice'. According to Art. 24 of the law, a natural person may reproduce a published work without the authorisation of the Rights Owner exclusively for their own personal purposes. However, the reproduction should not constitute a misuse of the literacy and artistic work or impact the legal rights of the right owner. This exemption does not apply to the reproduction of work in: i) architecture such as building; ii) musical work; iii) whole or part of a database in the digital platform; and iv) computer program.

According to Art. 110 of the Patent Law, where the applicant’s residence or principal place of business is outside the territory of the State, the patent application may be applied through the representative or patent agent who is registered in the prescribed manner by the Department in accordance with the provisions of this Law.

Art. 1(d) of the Myanmar Investment Commission Notification No. 15/2017 requires the investment in postal services to get approval from the Ministry of Transport and Telecommunication.
According to Art. 64 of Ministry of Planning and Finance's Notification No. 35/2017, investment proposals are evaluated based on whether "the investment is compatible with national development, security, economic, social and cultural policies, taking into consideration development, security, economic, social and cultural policy objectives announced by the Government or the government of any State or Region affected by the investment."

Art. 1(d) of the Myanmar Investment Commission Notification No.15/2017 requires the investments in telecommunication services, the production and distribution of satellite communication items, radar communication items and related equipment, radio communication, and the production and domestic marketing of mobile handset and telephone to get approval from the Ministry of Transport and Telecommunication.
According to Art. 64 of the Ministry of Planning and Finance's Notification No. 35/2017, investment proposals are evaluated based on whether "the investment is compatible with national development, security, economic, social and cultural policies, taking into consideration development, security, economic, social and cultural policy objectives announced by the Government or the government of any State or Region affected by the investment."