Myanmar issues new Industrial Designs Rules

On September 29, 2023, Myanmar’s Ministry of Commerce (MOC) introduced the Industrial Designs Rules (Rules) through Notification 67/2023, outlining detailed procedures for filing and registering industrial designs with Myanmar’s Intellectual Property Department (IPD).

These rules complement the provisions of the Industrial Design Law enacted in 2019. The Rules consist of 20 chapters and 92 rules, covering various aspects such as filing forms, appointment of representatives, examination, opposition, assignment, licensing, and registration procedures. However, the official forms and prescribed fees have not yet been announced.

Similar to trademark applications, foreign applicants must appoint a local representative using the ID-2 form if they reside overseas or operate their business outside Myanmar. The form must be notarized by a notary public in the applicant’s country of residence and can be submitted in Myanmar or English language.

The Industrial Design Law and Rules mark the first specific regulations enacted in Myanmar to protect industrial design rights, providing statutory protection under the law and rules.

The rules recognize the right of priority for foreign creators who have applied in a member country of the Paris Convention or another World Trade Organization member country. The right of priority can be claimed within six months from the initial application date, allowing creators to obtain the same priority date.

The enforcement of the Industrial Design Law and Rules is pending, with the Rules taking effect on the day the Industrial Design Law is enforced. Once in effect, industrial design creators can enjoy statutory protection for their designs for five years from the application date, renewable for an additional two terms of five years each.

The protection can be enforced through civil and criminal actions under the Industrial Design Law. Licensing and assignment of industrial design rights will also be governed by the statutory provisions of the law and rules.

Brand owners and concerned parties to review their design portfolios once the law and regulations come into effect. Ensuring that all necessary application requirements are in order will enable the earliest filing date and enhance the protection of design rights in Myanmar.

Myanmar’s IP system

Myanmar (Burma) was in the process of developing its intellectual property (IP) system. The country had taken steps to modernize its IP laws and regulations to align with international standards, although the process was ongoing and there were significant challenges.

1. Trademarks:

Myanmar had a trademark registration system in place. The registration was filed with the Office of Registration of Deeds (Intellectual Property Section) under the Ministry of Education. Trademarks were protected on a first-to-file basis, meaning the first entity to file a trademark application was granted rights over the mark.

2. Patents and Industrial Designs:

Myanmar had laws relating to patents and industrial designs. However, the implementation and enforcement of these laws were not as established as in some other countries. Patents and industrial designs could be registered, but the process could be cumbersome, and legal frameworks were still evolving.

3. Copyright:

Myanmar had copyright laws to protect literary, artistic, and musical works. Copyright protection was provided to both national and foreign works, and the duration of protection generally followed international standards, often lasting for the lifetime of the author plus 50 years.

4. Challenges and Developments:

Myanmar faced challenges in terms of enforcement, public awareness, and legal infrastructure concerning intellectual property. The country had expressed intentions to improve its IP system to attract foreign investments and promote innovation. However, due to historical and political reasons, the development of the IP system was a gradual process.

*** Other Articles***

– You could visit here to see Procedure of Myanmar Trademark Registration.

– You could see the full new Myanmar Trademark law here

– You could visit here to see Procedure of Myanmar Trademark Registration (effective soon).

– You could visit here to check the required documents for filing trademark in Myanmar

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