27 March

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Rights Management Information and TPMs in Myanmar: What To Know?

Download Copyright and related rights management information and technological protection measures are significant for the digital copyright ecosystem, touching on legal, technological, and economic aspects. They are provided under Article 43-45 of Myanmar’s Copyright Law 2019. These provisions collectively safeguard the interests of copyright holders by protecting rights management information and technological protection measures against unauthorized tampering and circumvention. 1. Protection of rights management information (Article 43) • Prohibited aternation or removal: Altering or removing electronic rights management information is a violation under Article 43(a) if done without the copyright holder's explicit consent. Rights management information typically includes details about the copyright owner,...

27 March

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Transfer of the Economic Rights under Myanmar’s Copyright Law: 3 Key Takeaways

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download Articles 34, 35, and 36 of Myanmar’s Copyright Law detail the provisions for the transfer of economic rights from the original copyright or related rights owners to other persons or legal entities. 1. Mechanisms for transfer of economic rights (Article 34) [i] Flexibility in transfer: Copyright owners have the flexibility to transfer their economic rights either wholly or partially to another person or legal entity, providing a mechanism for authors to monetize or otherwise manage their creative works. [ii] Means of transfer: Transfers can occur through various legal means, including: • Inheritance: Rights can be transferred as part of an estate under law or...

27 March

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Cancelling a copyright or related rights registration in Myanmar: What is the process?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download A copyright or related rights registration may be considered prejudicial to any person or to public interests (e.g., A work falsely attributed to someone, or which misrepresents someone in a way that could harm their reputation or privacy; or it infringe on the rights of another person or entity, such as using someone else’s intellectual property without permission and then registering the copyright). Myanmar’s Copyright Law 2019 provide mechanisms to address and remedy situations where copyrights are found to be prejudicial to the public good or individual rights. For individuals or organizations harmed by a registered copyright or related right,...

27 March

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Registering related rights (performances, phonograms) in Myanmar: What process and benefits?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download Per Article 53 of Myanmar's Copyright Law, owners of related rights, including performances, phonograms, and presumably other related subjects like broadcasting rights are entitled to apply for registration of their related rights. The registration of these rights is akin to the registration of literary or artistic works but tailored to recognize the unique nature of these categories. KENFOX provides the below analysis on how the registration process differs and the type of evidence registration provides. 1. Registration process for owners of related rights: How different [1] Application specific to related rights: While the fundamental process of applying to the Registrar and paying...

27 March

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Obtaining a certified copy of the Certificate of Copyright Registration in Myanmar: How?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download The Certificate of Copyright Registration in Myanmar is the official record that your work is protected under Myanmar's Copyright Law. It serves as prima facie evidence of copyright ownership and the date of creation, crucial for enforcing copyright, licensing, transferring rights, and possibly in court proceedings related to copyright disputes. But what happens when this critical document is lost or damaged? As per Article 51 of Myanmar's Copyright Law, it is possible to obtain a certified copy of the Certificate of Copyright Registration should the original certificate become lost or damaged. 1. Steps to obtain a certified copy of Copyright Registration Certificate...

27 March

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How to Ensure Compliance of Copyright Applications and Key Reasons for Copyright Application Rejections in Myanmar

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download The key to a successful copyright application in Myanmar lies in the provision of complete and accurate information about the work and its copyright owner. KENFOX would like to provide below essential insights and details to help copyright holder prepare, ensuring a smooth copyright registration process in Myanmar. 1. Ensuring complete and accurate Information Article 47 of Myanmar's Copyright Law outlines that the Registrar (i.e., Director General of the Department of Intellectual Property) will notify the applicant to revise and resubmit their application for copyright registration if it does not conform to certain stipulations. Typical requirements for copyright registration applications usually include: • ...

20 March

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Industrial Design Registration in Cambodia: How to Overcome Refusal for Successful Protection

Posted by Vu Thu Uyen

in Cambodia, Industrial Design, Notable Articles

Download Today's product appeal is not limited to quality issues. A product with good quality, but the design is not beautiful or sophisticated, is no longer the top priority choice of consumers. Gone are the days when consumers only preferred something that was sturdy, durable, or had better wood than good paint. High quality, but without creativity in design, the product will be less attractive, losing its advantage over a sea of similar offerings. Uniqueness and novelty in design are the keys to helping products stand out, strengthening their position and increasing profits for businesses in the market. Creating a product with...

20 March

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How to Prove a Generic or Descriptive Sign Is Eligible for Registration in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download A mark lacking inherent distinctivness or being descriptive of the goods of services can still achieve registration in Myanmar under Section 13 of Myanmar’s New Trademark Law if it satisfies either of the following requirements: (i) If the mark’s distinctiveness is known among consumers due to its use before the date of application for mark registration, or (ii) If the applicant, in good faith, is exclusively using the mark continuously within the commercial area of Myanmar. Despite these provisions, it remains unclear how the law determines a mark to be sufficiently "known" among consumers for eligibility, or the extent of...

20 March

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How to Overcome Trademark Refusal for Genericness or Descriptiveness in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Facing the hurdle of trademark refusal in Myanmar due to genericness or descriptiveness often poses significant obstacles for trademark applicants. However, the picture was not always so gloomy. Myanmar's New Trademark Law, particularly under Section 13, provides a pathway for such marks to change their fates, being accepted for registration if meeting certain. Specifically, a mark may qualify for registration if it is (i) recognized for its distinctiveness among consumers prior to the application or (ii) exclusively and continuously used in good faith by the applicant within Myanmar's commercial domain. Yet, Myanmar's New Trademark Law does not clearly provide for how...

19 March

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How to Report Trademark Infringement to Shopee E-commerce Website in Vietnam?

Posted by Vu Thu Uyen

in IP Practice, Trademark, Vietnam

Download Shopee, Lazada, and other e-commerce website operators in Vietnam are proactively working to protect intellectual property rights and create a safer e-commerce environment for consumers and brand owners. Shopee, in its efforts, has effectively blocked over 33 million listings flagged for potential intellectual property infringements and escalated the suspension of seller accounts for IP violations by 140%. Last year, our firm, KENFOX, acting on behalf of a copyright owner in Vietnam, submitted a takedown notice to Lazada. Consequently, nearly 2,000 listings from an account selling Foellie inner perfume, a Korean brand, aimed at Vietnamese consumers, were taken down upon our...