Sunday, October 22, 2017

Registration of Industrial Design in Myanmar

REQUISITE INFORMATION

  1. Applicant: full name, address and nationality;
  2. Inventor: full name, address and nationality;
  3. Title of the claimed design;
  4. Class of the claimed design according to the Locarno International Classification (if available);
  5. Priority data: filing number, date and country (if applicable).

REQUISITE DOCUMENTATION

  1. Photos/drawings illustrating the design in different views (front, rear, left, right, top, bottom and perspective) and other supporting views such as cross-sectional or partly enlarged views (if available);
  2. English description of the claimed design;
  3. Declaration of Ownership (to be signed by the applicant);
  4. Special Power of Attorney, which needs to be notarized and duly legalized by the Myanmar Embassy


IMPORTANT NOTE

There is no practical position of protecting patents and designs per se in Myanmar although there has been the Science and Technology Development Law since 1994. The Ministry of Science and Technology was newly established in Myanmar as the focal point ministry, but till now, there has not yet been Myanmar Patent & Design Office. However, Burma Patents and Designs Act 1945 was repealed in 1993. The Attorney-General Office has accomplished the redrafts on the IP Laws in compliance with the TRIPS Agreement on account of the fact that Myanmar is a member of WTO, ASEAN and at the latest, WIPO in 2001. Thus, in this interim period before enactment of the specific patent law, patent may be registered under section 18(f) of the Registration Act as an official record. A patent may be registered with the Registry of Deeds and Assurances by means of declaration, which is a solemn statement of facts made by the patent owner. Publication of cautionary notice in a local designated newspaper based on registration is the sole process to remind the public for any possible passing-off and infringement of the right of patent ownership during the period of lack of promulgated law, rules and regulations involved.

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