Myanmar’s New Era of Industrial Design Protection

Myanmar's New Era of Industrial Design Protection

Myanmar’s New Era of Industrial Design Protection

In a significant move towards bolstering intellectual property rights, Myanmar has opened its doors to industrial design protection, marking a crucial milestone in its legal framework for safeguarding innovation and creativity. The announcement, made by the Intellectual Property Department (IPD) of Myanmar, signals the commencement of accepting applications for industrial design protection effective from February 01, 2024.

This development came with the Industrial Design Law’s implementation on October 31, 2023, a pivotal step towards modernizing Myanmar’s intellectual property regime. The Ministry of Commerce (MOC) issued the Industrial Design Rules on September 29, 2023, further solidifying the regulatory framework necessary for overseeing the registration process of industrial designs in the country.

In preparation for the launch, the Ministry of Commerce released the requisite application forms for filing industrial designs, streamlining the process for prospective applicants. Through notifications issued on October 27, 2023 (Notification No. 71/2023), and December 29, 2023 (Notification No. 2/2023), detailed information regarding the application procedure and associated fees were provided, ensuring clarity and transparency for stakeholders.

According to Notification No. 71/2023, applicants must submit the ID-1 form along with clear representations of the design to the Registrar. Additionally, if the applicant is not the creator, they are required to include the ID-1a form to validate their eligibility for registration. Failure to adhere to these requirements renders the applicant ineligible for industrial design protection.

Prospective applicants must furnish a complete application form (ID 1), accompanied by clear representations of the design and the requisite fees. The IPD provides multiple avenues for submission, including electronic filing, in-person submission either directly or through a local representative, or submission via mail, offering flexibility to stakeholders.

Crucially, to qualify for registration under Myanmar’s industrial design law, designs must demonstrate uniqueness and originality. Designs that have been publicly disclosed or made available before the application date or the claimed priority date, either within Myanmar or elsewhere, are ineligible for protection under the law.

This initiative underscores Myanmar’s commitment to fostering innovation and protecting the rights of creators and innovators. By providing a robust legal framework for industrial design protection, the country aims to stimulate creativity, attract investment, and enhance competitiveness in the global marketplace.

The opening of doors to industrial design protection represents a significant stride towards aligning Myanmar’s intellectual property regime with international standards, fostering an environment conducive to innovation-led growth. As Myanmar embraces the opportunities presented by intellectual property rights, it sets the stage for a new era of innovation and economic development.

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