07 September

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

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...

28 August

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Patent Registration and Protection in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Patent/Petty Patent

Download 1. Eligibility for Patent Protection in Myanmar In Myanmar, patent protection is officially recognized under the Patent Law 2019. A patent is a form of intellectual property right granted to protect an invention, which is defined as any product or creation related to a production process that can solve a particular problem in a technical field, including minor inventions. Minor inventions are considered as technical creations that encompass new forms of a product, new structures of the parts of a product, or parts of a product that enhance its utility or performance. To qualify for patent protection in Myanmar, an invention must...

25 August

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Effective Legal Routes to Tackle Trademark Infringement in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Myanmar's commitment to safeguarding intellectual property rights (IPR) and fostering innovation-driven growth is evident in its comprehensive Trademark Law, which provides a robust framework for right holders to protect their trademarks against infringement. Sections 77-86 of the law outline the options, responsibilities, and measures available to right holders seeking to take action against trademark violations in the country. In this article, we delve into the key provisions of these sections, shedding light on the procedural aspects and civil remedies available to protect trademark rights in Myanmar. Options for right holders to enforce trademark rights In Myanmar, right holders facing trademark infringement have...

24 August

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Trademark invalidation and cancellation in Myanmar – Critical Considerations

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Myanmar, a nation with a rich cultural heritage and a burgeoning economic landscape, has made remarkable strides in strengthening its legal framework for trademarks. With the enactment of the Trademark Law, the country has demonstrated a commitment to protecting and preserving the integrity of registered marks. At the heart of this legislation lie Sections 50, 51, and 52, pivotal provisions that tackle crucial aspects like invalidation, cancellation, and the prohibition of the use of canceled or refused marks. Together, these sections play a pivotal role in empowering stakeholders, fostering fair competition, and ensuring transparency within Myanmar's trademark system. In this...

18 August

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Trademark licensing in Myanmar – What You Need To Know

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download In the dynamic world of intellectual property, trademarks play a crucial role in distinguishing products and services from one another. Myanmar's Trademark Law, in its Sections 45 to 49, introduces the concept of licensing for registered marks, providing trademark owners with a mechanism to grant permission to other individuals or legally formed organizations to use their marks. This legal framework not only facilitates the responsible use and commercialization of trademarks but also ensures the protection of all parties involved. Grounds for licensing a trademark: Section 45 of Myanmar's Trademark Law introduces the concept of licensing for registered marks, providing trademark owners...