Myanmar began to accept applications for industrial designs since February 2024
Starting from February 1, 2024, Myanmar’s Intellectual Property Department (IPD) has begun accepting applications for industrial designs under the newly enforced Industrial Design Law, which came into effect on October 31, 2023. Alongside this law, the Ministry of Commerce (MOC) introduced the Industrial Design Rules on September 29, 2023, which serve as another significant document governing industrial design registration in Myanmar.
Khin Myo Myo Aye, a senior associate at Tilleke & Gibbins in Yangon, highlighted that the implementation of industrial design registration in Myanmar provides rights holders with exclusive rights granted under the Industrial Design Law.
These rights empower rights holders to prevent unauthorized reproduction, selling, or importation of products bearing the registered design. Additionally, registration offers opportunities for generating additional benefits or profits through the assignment and/or licensing of the registered industrial design.
Aye emphasized the importance of pursuing registration of industrial designs under the Industrial Design Law, citing the statutory protection and essential rights it provides, thereby establishing a comprehensive framework for safeguarding intellectual property in Myanmar.
Previously, industrial design registrations in Myanmar were suspended due to the outdated practice of the Office of the Registration of Deeds (ORD) recording Declarations of Ownership regarding industrial designs. While renewals were not legally mandated, they were allowed every three years and were customary nationwide.
Enforcement proceedings under the previous system relied on the nation’s common law procedures due to the absence of meaningful statutes. However, with the release of the Industrial Design Bill in July 2017, this practice was halted.
Now, individuals and legal entities are eligible to apply for the registration of industrial designs in Myanmar. Aye explained that the IPD conducts an initial examination upon submission. If the requirements are met, the design is published, initiating a 60-day period for interested third parties to contest registration by providing valid grounds. If unopposed, the design is officially registered.
However, Aye noted the uncertainty regarding the duration of initial examinations, making it challenging to estimate the timeframe for completing registrations. Nonetheless, successful registration grants exclusive rights to the rights holder, enabling them to oppose subsequent industrial design applications by presenting appropriate grounds for opposition.
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