#Myanmar IP Laws: Industrial Design and Trade Marks
Finally, IP Time is coming!
On 30th January, 2019 the Pyidaungsu Hluttaw enacted four Laws in a day and two IP Laws (Industrial Design and Trade Marks) were included in those Laws. Also the #Patent Law is expected to be enacted in this month (February).
The two IP Laws (Industrial Design and Trade Marks) will come into force commencing from the day, by notification, issued by the President.
According to the Laws, IP Administration move to under the Ministry of Commerce. Ministry of Agriculture, Livestock and Irrigation and Ministry of Education are included in the relevant Ministries together with the Ministry of Information and Ministry of Industry. After the enactment of the Laws, in IP Administration, IP #Agency comes out and the Directorate is under the administration of the Agency.
In Central Committee there may include up to seven external persons and one of them, who is the Secretary of the Central Committee and Chairman of the Agency, will be appointed directly by the President. In forming the Agency, therefore, there will include up to 14 external persons including the Chairman. The Chairman of the Agency is the level of Deputy Minister.
For Industrial Design, it has stated as protectable and un-protectable Industrial Design. Application for the Registration can be made for protectable Industrial Design by the person such as #Author in Myanmar or in English. The #term of registration is five years and it can be renewed for two times.
For Trade Marks, it has stated the Marks that cannot be registered and the Marks that have been registered in accordance with the Registration Act before the enactment of this Law need to be reregistered for the rights of registered marks. The registration process is almost the same with Industrial Design. The #duration of registration for a Mark is 10 years and it can be renewed for 10 years in each time.
For #Geographical Indication, it cannot be registered individually but by the organization and GI does not need to be renewed once it has been registered.
After any Industrial Design and any Mark have been registered, the #exclusive rights such as filing the Civil Suit for the #piracy of registered Industrial Design, bringing Civil or Criminal proceeding for the #infringement of registered mark, #transferring the rights of Industrial Design, #assigning the rights of Mark, #licensing the Industrial Design and Mark and other rights are entitled. In applying for the registration, #priority and #exhibition priority rights can be claimed.
Also the IP #Court will come out sooner or later after the enactment/enforcement of IP Laws and #Customs Department will play a major role in protecting the IP Rights. The IP #disputes are also can be settled by #negotiation and #arbitration.
In practicing IP Rights, IP #Judiciary Rules and IP #Customs Rules may be issued by the Supreme Court of the Union and by the Ministry carrying out the matters relating to customs in addition to the typically stipulated IP Rules.
In present, the #Declaration of the Ownership of Trade Mark can be filed in the Office of the Registration of Deeds and that may be before the enforcement of Trade Marks Law.
Now, get ready for #IPR in Myanmar.
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