30 October

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Enforcing Trademark Rights in Myanmar – Essential Considerations

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

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: VIPRI will...

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

Download In Myanmar's dynamic and evolving business landscape, trademarks play a pivotal role in differentiating brands and establishing consumer trust. The country's recent enactment of the Trademark Law provides a robust framework for intellectual property protection, empowering businesses and individuals to safeguard their brand identities. A key aspect of this process is the ability to file an objection or opposition to a trademark application, ensuring that only eligible and deserving marks are granted registration. In this comprehensive guide, we explore the procedures, important considerations, and legal aspects of filing an objection to a trademark application in Myanmar. At KENFOX, we understand the...

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...