18 October

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Registering and Protecting Geographical Indications in Myanmar: 10 noteworthy points

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...

06 September

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What Are Key Considerations For International Trademark Registrations Designating Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Download Over 9,000 international trademark applications designating Vietnam were filed annually from 2020-2022 has partly reflected the convenience and efficiency of the Madrid system in assisting IPR holders to secure protection for their brands in Vietnam. The Madrid System offers efficiency, cost savings, and a simplified approach to international trademark registration. These advantages make it an increasingly preferred option for businesses seeking to protect their brands in multiple countries, including Vietnam, as it streamlines the process and provides a cost-effective means of securing global trademark rights. Detailed regulations governing the processes and requirements for international trademark applications designated to Vietnam are meticulously...

28 August

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10 Key Points from Vietnam’s New IP Decree No. 65/2023/ND-CP

Posted by Vu Thu Uyen

in IP Practice, Notable Articles

Download In line with new regulations under the amended 2022 Intellectual Property Law (IP Law), on August 23, 2023, the Government issued Decree No. 65/2023/ND-CP (Decree) to detailing a number of articles and measures to implement the IP Law on industrial property, protection of industrial property rights, rights to plant varieties and state management of intellectual property. This Decree supersede Decree No. 103/2006/ND-CP and some parts of Decree No. 105/2006/ND-CP as amended and supplemented. KENFOX would like to provides 10 salient aspects of the Decree, shedding light on the changes and new mechanisms so that industrial property rights holders should grasp and...

28 August

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Inventions Made under Employment Contracts under Myanmar Patent Law 2019: An Overview and Implications for Patent Dispute Resolution

Posted by Vu Thu Uyen

in Myanmar, Patent/Petty Patent

Download In Myanmar, as in many other countries, the ownership of inventions created during the course of employment can lead to complex legal questions. When employees develop new innovations related to their employer's work or using the employer's resources, the determination of patent ownership becomes crucial for fostering innovation, protecting intellectual property rights, and maintaining a fair balance between employers and employees. Patent ownership rights in employee inventions under employment contracts Myanmar Patent Law, under Section 17 (a), provides for patent ownership rights in employee inventions under employment contracts. As a general rule, when an employee creates an invention while working under the...

28 August

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Understanding Patent Eligibility and Ineligibility in Myanmar: What Inventions Qualify for Protection?

Posted by Vu Thu Uyen

in Myanmar, Patent/Petty Patent

Download 1. Eligibility for Patent Protection in Myanmar Patent Definition: Protection for inventions related to solving technical problems. Includes minor inventions (new product forms, structures, or parts). Three Essential Requirements: (i) Novelty: Invention must not exist before application date. Not previously known or publicly disclosed worldwide. (ii) Inventive Step: Invention must not be obvious to experts in the field. (iii) Industrial Applicability: Invention must be producible or usable in an industrial enterprise. 2. Ineligibility for Patent Protection in Myanmar Eight Subject Matters Not Eligible: (i) Discoveries, Scientific Theories, Mathematical Calculations. (ii) Systems, Rules, Methods for Business, Psychology, Games. (iii) Pure Computer Programs without Technical Application. (iv) Biological Production Processes for Plants/Animals. (v) Plants, Organisms, DNA...

28 August

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Filing a Patent Application in Myanmar – 10 noteworthy considerations

Posted by Vu Thu Uyen

in Myanmar, Patent/Petty Patent

Download Filing a patent application in Myanmar is a crucial step in securing protection for innovative inventions. The process requires meticulous attention to detail and adherence to the relevant provisions outlined in Sections 18 to 29 of the Myanmar Patent Law. This guide provides a comprehensive overview of the patent registration requirements, along with other important points to assist applicants in navigating the application process successfully. 1. Eligibility and application for patent rights To obtain patent rights in Myanmar, eligible applicants must apply to the Registrar as prescribed under Section 18 of the Myanmar Patent Law. Eligible applicants are individuals or legally formed...