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The Current Trademark Administration in Myanmar and Franchising Sector.

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Presentation of WIPO National Seminar,Traders Hotel,Yangon,Myanmar,13th-14th December 2010.

Presentation of WIPO National Seminar,Traders Hotel,Yangon,Myanmar,13th-14th December 2010.

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  • 1. National Seminar on
    Trademarks and The Franchising Sector.
    13th and 14th December,2010
    Traders Hotel
    Yangon
    Union of Myanmar
    Cooperation with:
    Organized by:
    Copyright Notice ©
    2010 All rights reserved
  • 2. The Current Trademark Administration System and the Franchising Sector in Myanmar..
    Min Tayza Nyunt Tin
    Managing Partner, U Nyunt Tin Associates.
    Councillor, Asean Intellectual Property Association.
    Member, Licensing Executive Society (Pan Asia Group).
    Copyright Notice ©
    2010 All rights reserved
  • 3. Are you Stepping into IP Regime :
    Yes or No
    Why Yes
    Why NO
    Coz we are Human being . .
    Copyright Notice ©
    2010 All rights reserved
  • 4. What is Intellectual Property:
    Very Simple . . . . . .
    • Product of human being:
    • 5. Intellect/Brain/Concept/Idea/Innovation/Creation
    Daily lively hood . . . . . .
    Without intellectual property and Its enforcement . . . . . . . . . . ?
    Copyright Notice ©
    2010 All rights reserved
  • 6. Why Intellectual Property is Important :
    • Creativity of citizen and corporate.
    • 7. Dignity of the Nation.
    • 8. Economic driving forces for MACRO Economic.
    • 9. Respect for Human Rights.
    Copyright Notice ©
    2010 All rights reserved
  • 10. What is Intellectual Property Rights ?
    Reserved by :
    Copyright Notice ©
    2010 All rights reserved
  • 11. What is Trademark :
    It's "a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
    Copyright Notice ©
    2010 All rights reserved
  • 12. Myanmar and Its IPRs:
    Are there any IPRs specific Laws in Myanmar ?
    NO
    So, IP owners can not protect their rights in Myanmar ?
    NO, obviously No
    Copyright Notice ©
    2010 All rights reserved
  • 13. Existing Intellectual Property Rights related Laws:
    • For Application/registration of Trademark:
    • 14. The Registration Act(1909)
    Section 18(f)
    • Direction (13) of the Inspector General of Registration
    Copyright Notice ©
    2010 All rights reserved
  • 15.
    • For protection of Trademark:
    • 16. Myanmar Penal Code(1861)
    • 17. The Specific Relief Act(1877)
    • 18. The Sea Custom Act(1878)
    Copyright Notice ©
    2010 All rights reserved
  • 19.
    • For protection of Copyright:
    • 20. Specific Relief Act (1877)
    • 21. Myanmar Copyright Act (1914)
    • 22. The Television and Video Law (1996)
    • 23. The Computer Science Development Law
    Copyright Notice ©
    2010 All rights reserved
  • 24.
    • Pre Registration stage:
    Is there any official Trademark Search system ?
    NO
    So how ?
    Copyright Notice ©
    2010 All rights reserved
  • 25.
    • Proceeding stage:
    Is there any Trademark examination system ?
    NO
    Is there any Trademark objection and appeal system ?
    NO
    Copyright Notice ©
    2010 All rights reserved
  • 26. Some Interesting Myanmar Registered Trademarks:
    Copyright Notice ©
    2010 All rights reserved
  • 27.
    • Post Registration stage:
    • 28. Is there any Trademark gazette ?
    NO
    • Is there alternative practice ?
    YES, Trademark Caution.
    Copyright Notice ©
    2010 All rights reserved
  • 29.
    • Trademark Cautions:
    Copyright Notice ©
    2010 All rights reserved
  • 30. Myanmar and Its Trademark Practice :
    • Current Practice:
    • 31. For Local Trademark:
    • 32. For International Trademark:
    Copyright Notice ©
    2010 All rights reserved
  • 33. Myanmar and Its IPRs aspect.
    Are there any IPRs specific Laws in Myanmar ?
    NO
    • May be tomorrow or may be by 1st July of 2013.
    • 34. Dynamic of IP
    • 35. Not like Penal Code
    • 36. Not like Criminal Procedure Not like Civil procedure.
    • 37. So, our draft IP laws have to > > > > > > > > > > > >revised with current legal and business trend.
    Copyright Notice ©
    2010 All rights reserved
  • 38. Common Violation of Trademark Rights in Myanmar:
    • Passing off
    • 39. Counterfeiting
    • 40. Parallel importation.
    Copyright Notice ©
    2010 All rights reserved
  • 41. Protection of Trademark Rights:
    Civil Nature:
    • Specific Relief Act, Section (54).
    • 42. Passing off.
    • 43. Tort.
    • 44. Parallel importation.
    • 45. Perpetual Injunction.
    • 46. Compensation for Damages.
    Copyright Notice ©
    2010 All rights reserved
  • 47. Criminal Nature:
    • Using a false Trademark:
    • 48. 482( 1 year imprisonment or fine or both )
    • 49. Counterfeiting a trademark or property mark:
    • 50. 483( 1 year imprisonment, fine or both )
    • 51. Making or procession of instrument:
    • 52. 485( 3 year imprisonment ,fine or both)
    Copyright Notice ©
    2010 All rights reserved
  • 53. Protection of Trademark Rights in Criminal Nature
    (Loop holes of Section 486).
    • Selling counterfeit Trademark:
    • 54. that, having taking all reasonable precautions against this section, he had at that time of
    the commission of the alleged offence no reason to suspect the genuineness of the mark:
    • That on demand made by or on behalf of the prosecutor he give all the information in his power with respect to the person from whom he obtained such goods or things:
    • 55. that other wise he had acted innocently:
    • 56. (1) year Imprisonment , fine or both.
    Copyright Notice ©
    2010 All rights reserved
  • 57. Protection of Trademark Rights in Border Measurement.
    • Importation of counterfeit Products:
    • 58. Sea Custom Act:
    Section 167: Confiscation and Destroy. Penalty
    • Import- Export Restriction Act:
    Section 5 (1): Confiscation and Destroy.
    Copyright Notice ©
    2010 All rights reserved
  • 59. Protection of Copyrights in Myanmar:
    • Dramatic work:
    • 60. Literature:
    • 61. Artist work:
    • 62. Myanmar Copyright Act (1914).
    Copy right item relating with Franchising Sector:
    • Software (Point of Sales)
    • 63. Manual
    • 64. Teaching Material
    • 65. Forms
    • 66. Promotional and advertising material.
    Copyright Notice ©
    2010 All rights reserved
  • 67. Weakness of Trademark Registration/Enforcement in Myanmar:
    Copyright Notice ©
    2010 All rights reserved
  • 72. What we have to do
    • IPRs legal frame work
    • 73. IPRs public awareness
    • 74. IPRs national treatment (TRIPs Article :3)
    • 75. Art: 65-66 : No grace period , No exception)
    Copyright Notice ©
    2010 All rights reserved
  • 76. Aim and Objective of Franchising:
    Copyright Notice ©
    2010 All rights reserved
  • 77. Importunateness of IPRs in Franchising Sector
    Dialogue ,negotiated and Accepted.
    Contract
    Franchisor
    Franchisee
    You
    Company
    Proposed
    Business Plan
    Copyright Notice ©
    2010 All rights reserved
  • 78. Role of Intellectual Property in Franchising Business:
    • Arise based on contractual franchise agreement
    • 79. Intellectual licensing is a vital for all franchising business
    • 80. Main clauses relating with IPRs in franchising Agreement:
    • 81. Trademark licensing
    • 82. Invention licensing
    • 83. Copyright licensing
    Copyright Notice ©
    2010 All rights reserved
  • 84. Enforceability and validity of the franchising
    agreement in Myanmar:
    • Myanmar Contract Act (1872)
    • 85. Section 2(h): Contract is an agreement enforceable by law
    • 86. Section 2(a) and (b): an agreement, i.e. and offer and an acceptance of the offer
    • 87. Section 23,24 and 25: Lawful consideration for the agreement
    • 88. Section 23 and 24: Lawful object and purpose of the agreement
    • 89. Section 14: free consent of the parties to the agreement
    • 90. Section 11: capacity of the parties to enter an agreement
    Copyright Notice ©
    2010 All rights reserved
  • 91. Franchising Sector, Intellectual Property Rights and Myanmar Perspective:
    • Very new business area and model.
    • 92. Some business has been involved
    • 93. Need to be promote more, both business concept and IPRs mindset.
    • 94. Can perform with existing laws
    • 95. Some existing law have to made harmonization with current trend
    Copyright Notice ©
    2010 All rights reserved
  • 96. Opportunity of Franchising Sector in Myanmar :
    Copyright Notice ©
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  • 101. Future Franchising Sector in Myanmar :
    Copyright Notice ©
    2010 All rights reserved
  • 112. MNC
    Change and transformation of Mind set for new Economy.
    New Economics Platform
    Current Economics Platform
    Local Champ
    Local Champ
    Copyright Notice ©
    2010 All rights reserved
    Local toward
    Regional
  • 113. Change and transformation of Mind set for new Economy.
    Stand alone
    • Local Combination
    • 114. Joint Venture
    • 115. Local Champion toward Regional
    1
    Accept 1 +1 =
    NOT 2
    Copyright Notice ©
    2010 All rights reserved
  • 116. Change and transformation of Mind set for new Economy.
    Stand alone
    • Local Combination
    • 117. Joint Venture
    • 118. Local Champion toward Regional
    1
    Accept 1 +1 =
    NOT 2
    Copyright Notice ©
    2010 All rights reserved
  • 119. Weakness of IPRS and Franchising Sector in Myanmar :
    Mechanism
    Database
    Awareness
    Integration
    Mindset
    Copyright Notice ©
    2010 All rights reserved
  • 120. Adjustment needed:
    • Economics and Regulatory Adjustment:
    Consistency
    Transparency
    Flexibility
    Copyright Notice ©
    2010 All rights reserved
  • 121. Who should be a leader in Myanmar Franchising Sector:
    • Keen interest and encouragement.
    • 122. Franchising Association.
    • 123. Franchising Regulation
    • 124. Franchising Manual
    • 125. Franchising Opportunity
    • 126. Franchising in – out
    • 127. Franchising Fair
    • 128. Dispute Resolution Body
    Copyright Notice ©
    2010 All rights reserved
  • 129. Driving force of Franchising Sector in Myanmar .
    Copyright Notice ©
    2010 All rights reserved
  • 133. Challenges of Franchising Sector in Myanmar .
    • AFTA and AEC (After 2015)
    • 134. The Good
    • 135. The Bad and the ugly.
    Copyright Notice ©
    2010 All rights reserved
  • 136. The Good
    Eliminating tariff barriers among member countries
    Free flow of labor
    GDP will increase because of FDI
    Infrastructure will improve
    Government income will increase through taxes
    Tourism
    Synergy
    Service industry
    Export/import
    Desire to learn Burmese
    Education standard
    Mindset development
    International relation/ Experience
    Land price
    Competitive market
    Value of Kyats
    Copyright Notice ©
    2010 All rights reserved
  • 137. STRATEGIC LOCATION
    2
    5
    Copyright Notice ©
    2010 All rights reserved
  • 138. THE BAD
    Free flow of FDI
    Reduced non tariff barriers
    Are we ready ?
    Copyright Notice ©
    2010 All rights reserved
  • 139. The Ugly (1) :
    Bye Bye Green
    Behavioral Change
    Culture interference
    Copyright Notice ©
    2010 All rights reserved
  • 140. The Ugly (2) :
    Copyright Notice ©
    2010 All rights reserved
  • 141. Why not :
    Copyright Notice ©
    2010 All rights reserved
  • 142. Sometimes
    we stare so long
    at the door that is closing
    that we see too late the one that is
    ‘’ open.’’
    Alexender Graham Bell
    Copyright Notice ©
    2010 All rights reserved
  • 143. Have you locked the door your self ?
    Copyright Notice ©
    2010 All rights reserved
  • 144. My current perception:
    • This day is better than yesterday, and tomorrow will be better than today.
    Copyright Notice ©
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  • 145. For you
    For your Nation
    FRANCHISING
    But please abide by the Laws
    Copyright Notice ©
    2010 All rights reserved
  • 146. Thank you.
    For any information and /or question
    Please kindly contact me via mintayza@untlaw.com
    Notice:
    This presentation is for educational and awareness purpose.
    All Intellectual Property Rights in this presentation were owned by its respective owner.
    Copyright Notice ©
    2010 All rights reserved

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