The new Trademark Law of Myanmar in 2019 had been passed back in January of the same year. However, the Law hasn’t come into force now – 3 years later as the President of Myanmar hasn’t issued the required notification. However, rights holders in Myanmar and foreign countries shouldn’t have to wait longer as it is expected that the law might become effective at the end of 2022 or the beginning of 2023. Under the new trademark law of Myanmar, [...]
The soft-opening period, which began on October 1 2020, was first announced by the Ministry of Commerce in Order No. 63/2020, dated August 28 2020. The order did not mention the closing date of the soft-opening period, but many were counting on the soft-opening period finishing after six months. The soft-opening period for refiling trademarks signals the end of a lengthy process of setting the framework for Myanmar’s new IP protection regime. IP owners should anticipate to see the progressive [...]
As of December 2021, this note provides an update on Myanmar’s trademark law and practice related to the registration of new trademarks and the re-filing of previously registered and used trademarks. New Trademark Registration procedure in Myanmar Under the Deeds Registration Law 2018, a new trademark can be registered with the Office for Registration of Deeds (“Registration Office”) by filing a Declaration of Trademark Ownership (“DTO”). According to the Nice Classification, a single DTO can cover one or more trademarks for one [...]
As of December 2021, this note provides an update on Myanmar’s trademark law and practice in connection to the registration of new trademarks and the re-filing of previously registered and used trademarks. As you may be aware, Myanmar previously lacked a trademark law. Previously, all trademarks in Myanmar had to be registered by filing a Declaration of Ownership of Trademark with the Myanmar Registrar. Of note, all trademarks registered previously have not undergone substantive examination. A new Trademark Law was passed [...]
On September 14, 2021, INTA’s Unfair Competition Committee (UCC), Policy Subcommittee voted to approve a Board Resolution, prohibit various forms of unfair competition even though the national statutes or governing laws are diverse in nature. Specifically, the data in the Unfair Competition Quick Guide covers 24 countries, including those in the Americas, Asia, Europe, and the Middle East. Sponsored by INTA’s Unfair Competition Committee (UCC) —Policy Subcommittee, the resolution focuses largely on obligations contained in the TRIPS Agreement and is a [...]
The 8th Best Practices Intellectual Property (BPIP) Annual Conference is about to be commenced on October 25th, 2021 in Sheraton Hotel, Tel Aviv. This conference will bring global decision-makers and international IP experts to Tel Aviv both physically and spiritually through the internet to discuss global issues on IP, trends, and legislation regarding IP matters. Participating in the virtual BPIP conference, brand owners and practitioners from across the world can get the latest update on IP matters in the world, [...]
The TRIPS Agreement, like other agreements such as the CPTPP, required its member countries to comply with its regulations in a fixed amount of time. However, not all countries have the infrastructure and necessary resources to change their legal foundation at an incredibly tight time frame like that. Accordingly, the WTO has just approved another 13-year extension of the least developed country (LDC) transition period for applying the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Under the TRIPS [...]
Myanmar has become a member of WIPO since 2001. Before the new trademark law was enacted, there was no law of trademark registration except the trademark’s definition on the Penal Code. After 3 years, on January 30, 2019, new trademark law was coming into effect by the Parliament. The new law was expected to systematize trademark registration procedures and adhere to International standards for Myanmar to engage in International Treaties of Intellectual Property as well as WTO. The new law comprises [...]
New trademark registration in Myanmar accepted: Re-file old trademarks in Myanmar now Myanmar shall accept the refiling of trademarks which were already registered in Myanmar under a former trademark system. The refiling is called “SOFT OPENING”. The article highlights the main features which trademark applicants should note about the re-filing trademark in Myanmar. This is a very good news after a silent period after the New Myanmar Trademark Law (Union Law no. 3/2019) was enacted on 30 January 2019. What trademarks shall [...]
What happen to trademark registered under former trademark system? As reportedly the new trademark law in Myanmar was enacted and new trademark filing system shall be available in 2020 or 2021. Requirements for application shall be consist with regulation, thus we will provide after enactment of regulation. In principle, you can find full details of requirement for new trademark in Myanmar here. The new Myanmar trademark law is expected to come into force from 2020 or 2021. Until then the [...]
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