Introduction of Intellectual Property Rights for Myanmar (Part -2)

Intellectual Property Rights
Awareness Training
Jointly Organized by:
Bule Ocean Operating Management Co.,Ltd
&
MN Associates Intellectual Property Law Firm
By: Min Tayza Nyunt Tin
Managing Partner
MN Associates
Myanmar Expert
EU-South East Asia
IPR SME Helpdesk
13th May,2016
MICT Park
Yangon Myanmar
Copyrights (2016) MN Associates

Part (2)
By: Min Tayza Nyunt Tin
Managing Partner
MN Associates
Myanmar Expert
EU-South East Asia
IPR SEM Helpdesk

Presentation Disclaimer
 Presentations are intended for educational purposes only and do not replace independent professional
judgment.
 Statements of fact and opinions expressed are those of the participants individually and, unless
expressly stated to the contrary, are not the opinion or position of the presenter, its cosponsors, or its
related business organization (Collectively Parties).
 Parties does not endorse or approve, and assumes no responsibility for, the content, accuracy or
completeness of the information presented. Attendees should note that sessions are audio-recorded
and may be published in various media, including print, audio and video formats without further notice.

Topics of Training:
• - Fundamental of Intellectual Property
-Intellectual Property System and Growth of National Economy
-Trademark and Venture
-Trademark Vs Copyrights
-Copyrights, broadcasting Business and Online Shopping.
-Geographical Indications(GIs) Vs Collective Marks
-Fundamental of Patents
-Compulsory licensing of pharmaceutical
-Fundamental of design and its protection
- Copyrights and broadcasting business
-Valuation of Intellectual Property Rights
- Commercialization of Intellectual Property Rights

Fundamental of Intellectual Property
• What is Copyrights
 Form of Expression
 Exclusive legal right
 Originator or an assignee

• What are Related Rights
 Right of performers
 Right of producers of phonograms
 Right of film producers
 Right of broadcasting organizations
 Right of publishers in their editions
 Right of producers of databases

• What are Moral Rights ?
 Right to integrity/to honor of work
 Right to attribution/Authourization

• What are Economic Rights ?
 Right to Replication/reproduction
 Right to make work to the Public

• Our Cultural (1)

• Our Cultural (2)

• Copyright Protection in Cyberspace
 To Use or Not To Use ?
 What we can Copy From the Internet freely ?
 Government Information
 Public Domain
 “Printer friendly version"
 “E-mail this piece to a friend,"

• Social Network Copyright ?

• Fair Use or Misuse?
What is fair use ?
 “Limited”
 “Transformative”
 Comment upon
 Criticize, or
parody
 Reference
(Educational)
Considerable 4 factors:
 The purpose and character
 The nature of the copyrighted work.
 The amount and substantiality of the
portion taken
 The effect of the use upon the
potential market.

• Fair Use or Misuse?
What is fair use ?
 “Limited”
 “Transformative”
 Comment upon
 Criticize, or parody
 Reference (Educational)

• Related Rights for Broadcasting Org:
Under ROME Convention (1961)
Outstanding Issue ?
 Technology neutral protection (signals)
 IPTV
 Exclusive rights for 20 years to authorize
 Rebroadcasting,
 Fixation (recording)
 Reproduction and communication to the public.

• Work made for Hire ?

• What is Patent ?
 An Invention
 Exclusive rights granted by a sovereign state
Patentablity
 Must be patent eligible
 Must be useful
 Must be new (Novel)
 Cannot be obvious
 Must have Invention Step
Type of Patent
 Process Patent
 Product Patent

• Process Patent
 Manufacturing Process
 Drugs, Pharmaceutical
• Product Patent
 Machines
 Tools

• Compulsory Licensing

• Trade Secret
 Important information, confidential of
Business
 Chemical formulas, mechanical
structures, manufacturing processes
,chemical compositions and method,
technique, or process.
 Independent economic value
 Not Public Domain.

• What is Design ?
 visual appearance of an article
 Be new
 No similar or identical
 Have individual character

• Design and Patent Protection ?
Design Protection: only the external appearance of a
manufactured article.
Patent Protection: The concept or idea behind an industrial
product.

• Best Trademark for your Venture
 Trademarks are typically classified into five basic categories:
1. Generic (Book Book Shop)
2. Descriptive (RED BULL)
3. Suggestive (Airbus)
4. Arbitrary [Dictionary Meaning-but not related] (Apple Coputer)
5. Fanciful or Coined (BLAZON)

Thanks to your Attention

Introduction of Intellectual Property Rights for Myanmar (Part -2)

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