27 March

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Rights and Protections for Phonogram Producers Under Myanmar’s Copyright Law

Download A producer of a phonogram is entitled to the related rights as per Articles 39, 41, and 42. These articles grant producers exclusive economic rights, ensuring that producers can control and benefit from the use of their phonograms in various ways. The provisions also set forth provisions for equitable remuneration, limitations, and exceptions to these rights, marking a significant consideration for the music industry and related sectors. KENFOX would like to provide below analysis on the rights and protections afforded to producers of phonograms as well as performers, ensuring a comprehensive understanding and practical application of the laws, thereby maximizing...

27 March

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What Are Performers’ Economic and Moral Rights Under Myanmar’s Copyright Law?

Posted by Ly Dinh

in Copyright, Myanmar

Download Performers are granted the related rights, including “economic rights” and “moral rights” under Articles 37, 38, and 41 of Myanmar’s Copyright Law. These provisions cover a range of protections for performances, whether unfixed or fixed, live or recorded, ensuring performers are adequately compensated for their work and have a say in how their performances are used, reflecting a balance between protecting creators' rights and allowing for the dissemination and enjoyment of cultural works. Importantly, these regulations provides a legal framework that respects performers' contributions to cultural and creative industries, ensuring their performances are protected against unauthorized use that could undermine...

27 March

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10 Limitations and Exceptions of Economic Rights under Myanmar’s Copyright Law You Need To Know

Posted by Ly Dinh

in Copyright, Myanmar, Notable Articles

Download The limitations and exceptions to the economic rights of copyright holders in Myanmar are provided under Articles 24 through 33 of Myanmar’s Copyright Law. These provisions ensure a balanced approach, allowing for certain uses of copyrighted works without the authorization of the right holder under specific circumstances, aiming to foster education, cultural exchange, and access to information while still protecting the interests of copyright owners. KENFOX provides below such limitations and exceptions to the economic rights so that copyright holders could take proper actions. 1. Personal use and fair use: Individuals are allowed under Article 24 to reproduce parts of published...

26 March

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Myanmar’s Copyright Law 2019 – What is it provided for?

Posted by Ly Dinh

in Copyright, Myanmar, Notable Articles

Download Myanmar's Copyright Law, enacted as The Pyidaungsu Hluttaw Law No. 15, 2019, comprises 24 chapters, each addressing various aspects of copyright and related rights protection, administration, enforcement, and penalties. KENFOX would like to provide below some basic details of the law with a hope that they will help IPR holders understand about the key provisions and mechanisms thereof and how to effectively manage, protect, and enforce their copyright and related rights in Myanmar. Chapter I - Title, enforcement, and definitions (including 02 articles, Articles 1-2) Establishes the law's title, its effective date, and provides definitions for terms (e.g., "author," "copyright," "intellectual property...

26 March

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Term of copyright protection under Myanmar’s Copyright Law: How long?

Posted by Ly Dinh

in Copyright, Myanmar

Download Knowing the duration of copyright protection ensures compliance with the law, helping to avoid unintentional infringements that could lead to legal disputes, penalties, or loss of rights. It also informs users about when a work enters the public domain and can be used without permission. For creators and copyright owners, understanding the duration of protection is essential for planning how to exploit their works commercially. The term of copyright protection is provided as per Article 17 of Myanmar's Copyright Law, even for works that are not registered. Under Myanmar's Copyright Law and the copyright laws of many other jurisdictions, the protection...

26 March

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Cancelling a copyright or related right registration in Myanmar: How?

Posted by Ly Dinh

in Copyright, Myanmar

Download Articles 55, 56, and 57 of Myanmar's Copyright Law provide for the grounds and procedures for canceling a copyright or related rights registration. KENFOX would like to provide below essential insights and details to help the concerned parties to take propeer actions concerning copyright/related cancellation in Myanmar. 1. Filing an application for cancellation Under Article 55, if it is found that a registered copyright or related rights is “prejudicial” to any person or to public interests, a cancellation can be requested. Such adverse impact, or prejudiciality, can manifest in various ways: • Monopolization of public domain works: If a work that should...

26 March

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Economic rights and moral rights of copyright owners in Myanmar

Posted by Ly Dinh

in Copyright, Myanmar

Download 1. Economic rights of copyright owners in Myanmar: What are they Under Myanmar's Copyright Law, Articles 18 and 19 define the economic rights granted to authors and copyright owners, encompassing a broad spectrum of exclusive rights that allow for the commercial use and control of their works. KENFOX provides below the relevant economic rights so that authors and copyright owners can take relevant actions under Myanmar laws. Economic Rights Granted (Article 18) [1] Reproduction: The right to make copies of the work in any manner or form, including any permanent or temporary storage of the work in electronic form. [2] Translation, adaptation, arrangement, or...

16 February

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How to effectively handle conflicts between trademarks and copyrights in Vietnam as per Article 73.7 of Vietnam IP Law?

Posted by Ly Dinh

in Notable Articles

Download Conflicts between trademarks and copyrights are widespread in many jurisdictions throughout the world and are becoming an issue in Vietnam. There has been an increase in instances of intellectual property theft (copying of copyrighted works) for trademark registration. It is no longer a rare occurrence for trademark squatters to register the logo or work of applied art of a particular individual as their own trademark. Many IPR holders have been forced to sit at the negotiating table with trademark squatters to negotiate and accept to buy back their trademarks at exorbitant fees. The struggle between protecting creativity and combating the...

18 December

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Takedown Notices: How Do ISPs Handle Copyright Infringement Claims in Vietnam?

Posted by Ly Dinh

in Copyright, Notable Articles

Download The landscape of intellectual property rights in Vietnam underwent a significant transformation with the third revision of the Intellectual Property Law in 2022. Among the notable provisions, Article 198b introduced a groundbreaking regulation holding Intermediary Service Providers (ISPs) legally responsible for copyright and related rights infringements by their platform users. Subsequently, on April 26, 2023, the Vietnamese government issued Decree No. 17/2023/NĐ-CP, providing detailed measures to implement the Intellectual Property Law regarding copyright and related rights. 1. Responsibilities of Intermediary Service Providers Upon receiving a removal or blocking request, often in the form of a Cease & Desist Letter, from a copyright...

07 December

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How Did Philipp Plein Appeal a Decision on Trademark Refusal in Vietnam?

Posted by Ly Dinh

in Notable Articles, Trademark

Download Article 74.2 (e) of Law on IP stipulates that: “2. A mark shall be deemed to be indistinctive if it is a sign falling into one of the following categories: (e) Signs other than integrated marks which are identical with or confusingly similar to registered marks of identical or similar goods or services on the basis of applications for registration with earlier filing dates or priority dates, as applicable, including applications for registration of marks filed pursuant to a treaty of which the Socialist Republic of Vietnam is a member“. In order to assess the similarity of marks at issue, it is...