31 October

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From Geography to Goodwill: The Battle over Trademark Distinctiveness in Myanmar

Download For the past two decades, B. Lall (the Plaintiff) had been operating under the distinguished trademark "RANGOON OPTICAL WORKS," selling spectacles in the vibrant cities of Prome and Paungde. The Plaintiff detected that Mr. Ko Maung Ngwe sold spectacles under the same mark. As such, the Plaintiff filed a lawsuit against Mr. Ko Maung Ngwe (the Defendant) for their use of the same trademark, "RANGOON OPTICAL WORKS," in relation to spectacles. The core issue at hand was whether the term "RANGOON," with its geographical reference, could be deemed distinctive and protectable as a trademark in Myanmar. Case brief The Plaintiff's initial pursuit...

30 October

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Enforcing Trademark Rights in Myanmar – Essential Considerations

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Trademark

Download In the competitive landscape of business, trademarks are the lifeblood of a company's identity and reputation. They are symbols of trust, quality, and recognition in the market. The more well-known a mark is, the more vulnerable to infringement it is. However, as a trademark infringement case in Myanmar reveals, the more renowned a mark becomes, the more susceptible it becomes to infringement. This case sheds light on the intricate challenges involved in protecting a well-known mark within the vibrant market of Myanmar. Facts E. Mohamed Ebrahim & Anr, the Appellants-Plaintiffs, operated as importers and wholesalers, offering a diverse range of goods, including...

30 October

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Patent Ownership Rights in Employee Inventions under Myanmar Patent Law

Posted by Vu Thu Uyen

in Myanmar, Patent/Petty Patent

Download 1. Default Ownership under Employment Contract (Section 17(a)) Inventions created by an employee under the employment contract. Default ownership and patent application rights usually belong to the employer if: Invention falls within employee's work duties. Invention was created using employer's resources or facilities. 2. Exceptions to Default Ownership If employment contract contains clauses stating otherwise: Employee retains right to apply for patent. Especially for inventions outside regular duties or using personal resources. 3. Employee's Right to Apply for Patent if Employer Fails to Act (Section 17(b)) Employee informs employer in writing upon completion of the invention. Employer has 6 months to apply for...

18 October

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What is the Process of Customs Recordal for Trademarks in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Trademark

Download The Ministry of Planning and Finance of Myanmar issued Notification No. 50/2023, outlining the rules, requirements, and procedures for registered trademark owners to safeguard their intellectual property rights through customs recordation. This notification provides a framework for trademark owners to avail customs protection against counterfeiting and protect their brands in cross-border trade. Customs recordal or customs watch (customs supervision) is of paramount importance as an IPR enforcement strategy for IPR holders in Myanmar. The customs authority in Maynmar serves as a gatekeeper, playing a crucial role in preventing the entry of trademarked counterfeits into the country. By prioritizing customs recordal or...

18 October

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Trade Name Protection in Myanmar: What You Need To Know

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Trade names play a vital role in distinguishing one business from another, contributing to brand recognition and reputation. In Myanmar, trade names are considered intellectual property subject matter and are granted protection under the Trademark Law. At KENFOX, we recognize the significance of trade names and their role in shaping a business's success. As a prominent intellectual property law firm in Myanmar, we are dedicated to providing comprehensive IP services to safeguard and enhance our clients' intellectual property assets, including trade names. In this article, we delve into the concept of trade names in Myanmar, explore the extent of their...

18 October

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Registering and Protecting Geographical Indications in Myanmar: 10 noteworthy points

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Geographical Indication (GI) holds significant importance in safeguarding the unique identity and quality of goods originating from specific regions or territories. A Geographical Indication is defined under Section 2 of Myanmar’s Trademark Law as an indication which identifies any goods as originating from a particular country, territory or a region, where a given quality, reputation or other distinguishing characteristics of the goods is indicative of its geographical origin. The primary objective of GI protection in Myanmar is to preserve the distinctiveness and reputation of goods linked to specific geographic areas, ensuring consumers can trust the authenticity and unique attributes of...

22 September

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What Are the Penalties for Counterfeiting Offenses in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Preserving intellectual property rights plays a pivotal role in stimulating innovation, nurturing creativity, and promoting equitable competition within any economy. Recognizing this significance, Myanmar has implemented rigorous legislation to tackle counterfeiting effectively and protect the rights of intellectual property owners. Within the legal framework of Myanmar, Sections 87 to 92 delineate the consequences for offenses associated with counterfeiting and unauthorized use of protected marks. This article explores the essential provisions of these sections, underscoring the government's unwavering dedication to safeguarding intellectual property rights. Offenses for commercial purposes Section 87 of Myanmar's Trademark Law prescribes various offenses committed with a commercial intent and...

15 September

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Patent Infringement in Vietnam: VIPRI’s Expert Analysis and Approach

Posted by Vu Thu Uyen

in Patent, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The Vietnam Intellectual Property Research Institute (VIPRI) is a research institution under the Ministry of Science and Technology that provides expert opinions on IP infringement cases concerning industrial property subject matters such as inventions, industrial designs, designs of semi-conducting closed circuits, trade secrets, marks, trade names, and geographical indications. How does VIPRI reach an expert opinion that there is an infringing element to a patented invention? To reach an expert opinion that there is an infringing element to a patented invention, the Vietnam Intellectual Property Research Institute (VIPRI) typically employs a multi-step process. Here are some general steps that VIPRI may take: Reviewing the patent:...

11 September

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What Factors Should You Keep In Mind When Filing A Trademark Opposition In Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Filing a trademark opposition offers a legal avenue to challenge applications that might infringe on your existing rights or compromise the integrity of the trademark system. Third parties have the right to oppose a trademark application if they believe it doesn't adhere to the criteria outlined in the Myanmar Trademark Law. KENFOX IP & Law Office will explore the crucial factors that need to be taken into account when filing a trademark opposition in Myanmar, encompassing the grounds for opposition, necessary documentation, deadlines, and the handling of objections by the Intellectual Property Department (IPD). 1. Grounds for a trademark objection or...

07 September

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How Are Border Control Measures Enforced to Safeguard Trademark Rights in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Intellectual property rights are essential for fostering innovation, creativity, and economic growth. In an effort to safeguard these rights, Myanmar has implemented a customs recordal procedure, as stipulated in the new Trademark Law under Sections 68-76. In addition, Myanmar’s Ministry of Planning and Finance issued Notification No. 50/2023, which sets out the rules, requirements, and procedures for registered trademark owners to protect their intellectual property rights through customs recordation. This procedure empowers right holders to take swift action against counterfeit goods entering the country's trade routes. By providing a clear framework for examination and decision-making, the law aims to protect...