02 April

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Enforcing Industrial Design Rights in Myanmar

Download Industrial design rights play a crucial role in safeguarding the unique and creative aspects of a product's appearance. These rights grant creators exclusive control over the visual attributes of their designs, ensuring fair competition and encouraging innovation. This guide outlines the procedures and measures available under Myanmar's Intellectual Property Rights Court to protect and enforce industrial design rights effectively. 1. Seeking Remedies for Infringement of Industrial Design Rights Filing a Suit for Provisional Measures: Design right holders seeking protection against infringement can apply for provisional measures through a civil action in the Intellectual Property Rights Court, as outlined in Sections 67(a) and...

02 April

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Invalidation and Cancellation of Registered Industrial Design in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download In Myanmar, the process of invalidation and cancellation of a registered industrial design involves the legal mechanisms through which the rights associated with a registered design can be challenged or revoked. Industrial designs are vital for protecting the aesthetic and ornamental aspects of a product, ensuring creators and innovators can safeguard their unique visual creations. “Invalidation” refers to the procedure through which an interested party seeks to challenge the validity of a registered industrial design. This could be due to various reasons, such as prior existing rights, lack of novelty, or failure to meet the necessary requirements for design registration. The...

02 April

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Granting Licenses for Registered Industrial Designs in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download In Myanmar, granting licenses for registered industrial designs is a strategic approach that allows owners to share their designs with others while safeguarding their rights. This guide provides a step-by-step process for granting licenses and ensuring proper documentation of these arrangements. Step 1: Setting License Terms As the owner of a registered industrial design, you have the authority to grant licenses to individuals or legally established organizations. Before doing so, it's essential to define clear and comprehensive terms and conditions for the use of your industrial design. These terms will outline the scope, duration, royalties, and any other relevant aspects of the...

02 April

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How Can We Record Transfer of Registered Industrial Design Rights in Myanmar?

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download In Myanmar, the transfer of registered industrial design rights is a significant process that involves the change of ownership or application status. This guide outlines the steps to request and record the transfer of these rights, ensuring a seamless transition of ownership or application to a new entity. Step 1: Request for Transfer (a) If you are the applicant seeking to transfer the application of an industrial design, you can formally request the Registrar to record the transfer of your application. This request should be made in accordance with the specified guidelines. (b) In case you are the current owner of a registered...

02 April

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Understanding Registered Industrial Design Rights in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download Registered industrial design rights in Myanmar provide exclusive protections for innovative designs. As the owner of a registered industrial design, you can enjoy these rights throughout the registration period. By complying with the provisions in this chapter, you secure your design's legal status and gain the following privileges. 1. Exclusive Rights and Civil Actions As the rightful owner, you possess exclusive rights to: (i) Prohibit any commercial production, sale, or import of products without your consent, if they incorporate reproductions of your registered industrial design or designs that substantially replicate its main elements, and (ii) Initiate civil action against parties who infringe...

27 March

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What Penalties Face Those Who Infringe Copyright under Myanmar’s Copyright Law?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download Illegal actions infringing on copyright and related rights, from unauthorized reproduction and distribution to the possession and importation of pirated goods, are subject to penalties under Articles 82-85 of Myanmar's Copyright Law. These articles establish a comprehensive legal framework for combating copyright infringement in Myanmar, offering penalties aimed at deterring violations and safeguarding the rights of copyright holders. KENFOX, with its extensive experience in pursuing civil actions against IPR infringement, would like to provide provide an overview of these offences and penalties to equip copyright holders with the essential knowledge and practical tools needed for robust protection of their intellectual...

27 March

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How to File a Lawsuit Against Copyright Infringement Under Myanmar’s Copyright Law?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download Myanmar’s Copyright Law of 2019, particularly Articles 73 to 81, provides a detailed legal framework for copyright holders seeking to enforce their rights through the courts, ensuring fairness and justice in the enforcement of copyright and related rights. KENFOX, which has extensive experience in taking civil actions against IPR infringement, would like to provide the following 10-step process to equip copyright holders with essential knowledge and practical tools for a robust protection for their intellectual property rights in Myanmar IP court. Step 1: Filing a lawsuit • Civil miscellaneous case: Right holders start the legal process by filing a civil miscellaneous case...

27 March

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Customs Recordal in Myanmar: What Copyright Owners Should Know?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download A customs officer serves as a gatekeeper. Customs officers are essentially the first line of defense against the importation and distribution of pirated goods. Their ability to identify and suspend the clearance of goods that potentially infringe on copyright or related rights is a powerful tool in the legal remedy available to rights holders. The customs protection process for intellectual property rights at the border of Myanmar, as outlined in Articles 64 to 72 of Myanmar’s Copyright Law 2019, provides a systematic approach for rights holders to combat the importation of goods that infringe on copyright or related rights. KENFOX,...

27 March

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Appeal against the Registrar’s copyright-related Decision under Myanmar’s Copyright Law: What process?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download Facing a refusal or an unfavorable decision from the Myanmar Registrar on a copyright-related issue can be a daunting hurdle for copyright holders. The process to challenge such a decision is far from straightforward, demanding a detailed understanding of legal procedures and often necessitating specialized expertise. KENFOX would like to provide below a 9-step process for those looking to contest the Registrar’s copyright-related decisions or even file a lawsuit against the Agency's decision—the higher authority above the Registrar - at the Myanmar IP Court. Step 1: Right to appeal The process begins with a decision made by the Registrar concerning a copyright...

27 March

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Original Ownership of Economic Rights under Myanmar: What are they?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download Articles 22 and 23 of Myanmar's Copyright Law address the original ownership of economic rights in various scenarios, outlining who holds these rights initially under different circumstances. These provisions ensure that creators, who invest time and talent into producing original works, are recognized and rewarded for their contributions by being granted economic rights. KENFOX provides below the relevant regulations to faciliate correct understanding and application of economic rights in such scenarios. Original ownership of economic rights (Article 22) General principle: The creator of a literary or artistic work is the original owner of the economic rights to that work. Joint authorship: • Co-authors share...