Key IP Considerations in Myanmar
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• Laws on Intellectual Property Rights • Trademark, Patent and Design Protection • Copyright Protection • Trade Secret Protection • Filing requirements for Trademarks, Designs and Patents • Registration and Renewal Process • Declaration of Ownership • Cautionary Notice • IPR Enforcement • Case Study
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Key IP Considerations in Myanmar
- 1. LAWPLUS 1 KEY IP ISSUES AND CONSIDERATIONS FOR IP PROTECTION IN MYANMAR Prasantaya Bantadtan Partner IP Law Seminar in Kuala Lumpur 5th October 2016 Pullman Kuala Lumpur City Centre Hotel and Residences
- 2. LAWPLUS 2 Myanmar •source: http://www.operationworld.org/thai Land Area: 657,741 sq km Population: 55,746,253 Capital: Naypyidaw Urbanites: 33.9% GDP: US$64.87 billion Per capita income: US$1,203.5 source: http://www.operationworld.org/myanmar
- 3. LAWPLUS 3 Presentation Topics • Laws on Intellectual Property Rights • Trademark, Patent and Design Protection • Copyright Protection • Trade Secret Protection • Filing requirements for Trademarks, Designs and Patents • Registration and Renewal Process • Declaration of Ownership • Cautionary Notice • IPR Enforcement • Case Study
- 4. LAWPLUS 4 Laws on Intellectual Property Rights IP Rights Laws Trademarks Patent Industrial Designs No specific law on trademark, patent and industrial design Relevant Laws: Registration Act 1908 Penal Code 1816 Specific Relief Act 1877 Myanmar Merchandise Marks Act 1889 Sea Customs Act 1878 Copyrights Copyright Act 1914 Trade Secrets No specific law. Protection of trade secrets and confidential information comes from contract
- 5. LAWPLUS 5 Trademark, Patent and Design Protection • No specific law. Specific laws are being drafted. • Basis of protection: “First-to-use” basis • Registration: Simple registration by means of Declaration of Ownership and Cautionary Notice • No examination and opposition proceedings • Search: Search on cautionary notices in newspapers kept by companies • Suggestions / Strategies: – Register before use – Seek immediate protection under declaration ownership and cautionary notice register – Do not wait for specific IP laws
- 6. LAWPLUS 6 Copyright Protection • Literary and artistic works, music works, dramatic works, sculpture, architecture, engravings, photographs, cinematography, collective works and performances are protected under the Copyright Act 1914. • Protection only applies to works produced by Myanmar national or resident and works first published in Myanmar. • Copyright works originated outside Myanmar is not recognized in Myanmar Pixabay Creative Commons CC0 Public Domain
- 7. LAWPLUS 7 Trade Secret Protection • No law on trade secrets in Myanmar. • Confidential information and trademark secrets are protected under the contract law until they become public domain. • Protected by a contract between owner of the trade secret and a third party (nom-disclosure or confidentiality clause / agreement) Pixabay Creative Commons CC0 Public Domain
- 8. LAWPLUS 8 Filing Requirements • Trademark and Industrial Design – Name and address of applicant – Specimen of trademark / design – Legalized PoA – Notarized Declaration of Ownership • Patent – Name and address of applicant – Description of invention and Myanmar translation – Legalized PoA – Notarized Declaration of Ownership Pixabay Creative Commons CC0 Public Domain
- 9. LAWPLUS 9 Registration Process Registration granted Publication of Cautionary Notice in a Local Newspapers 3 weeks Re-publication of Cautionary Notice 3 years 1 week or less Filing DOO and PoA with Registry Office
- 10. LAWPLUS 10 IPR Enforcement • Criminal and civil actions are possible but slow • Enforcing your IPR before the local Court • Customs regulations against counterfeits are rarely enforced • Closely monitor the market • Take swift and decisive action against infringement • Infringer and market investigations • Cease-and-desist letter to infringer • Public notice on infringement in newspapers
- 11. LAWPLUS 11 Go beyond borders and let your IP be the key for your success.
- 12. LAWPLUS 12 Unit 1401, 14th Floor 990 Abdulrahim Place Rama IV Road, Bangkok 10500 Tel. +66 (0)2 636 0662 Fax+66 (0)2 636 0663 Room 517, Yangon International Hotel No. 330 Corner of Ahlone and Pyay Roads Dagon Township, Yangon, Myanmar Tel. +95 9 505 6667 Tel. +95 92 6111 7006 •www.lawplusltd.com prasantaya.bantadtan@lawplusltd.com