16 August

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Trademark Appeal Process in Myanmar: How to Exercise Your Right to Appeal ?

Download In Myanmar, the appeal process for intellectual property (IP) subject matters, particularly trademarks, is governed by Sections 65 and 66 of the Trademark Law. These sections outline a hierarchical structure with two levels of appeal, time limits for lodging appeals, and the scope of authority vested in each appeal authority. This article aims to provide an overview of the critical considerations that stakeholders should be aware of when seeking to challenge decisions made under Myanmar's Trademark Law. Hierarchical appeal process The appeal process is organized hierarchically, providing a well-defined route for dissatisfied individuals to challenge decisions related to trademarks. The first level...

03 August

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Trademark Law in Myanmar: Understanding Exclusive Rights and Legitimate Uses

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download In Myanmar's dynamic business landscape, trademarks serve as invaluable assets for businesses seeking to establish brand identity and consumer trust. The Myanmar Trademark Law grants trademark owners comprehensive rights to maintain the exclusivity of their marks and protect their brand reputation. However, it also introduces essential exceptions to strike a balance between trademark owners' rights and legitimate uses in the market. In this article, we explore the provisions outlined in Sections 38, 39, 40, and 41 of Myanmar's Trademark Law, shedding light on the rights granted to trademark owners and the exceptions to these rights. A Set of Exclusive Rights to...

03 August

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Trademark Registration in Myanmar under New Trademark Law: 10 Things to Know

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Myanmar's new Trademark Law marks a promising chapter for intellectual property protection, offering businesses a valuable opportunity to secure their brand identities in this emerging market. To make the most of this exciting development, understanding the key provisions outlined in the law is essential. In this guide, we, at KENFOX, would like to equip businesses with the essential knowledge needed to successfully navigate the trademark registration process. 1. Ground to establish trademark rights in Myanmar Per Section 15 of the Trademark Law of Myanmar, to fully enjoy the rights and protections associated with a trademark, applicants must follow the formal process of...

03 August

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Trademark Registration in Myanmar: Understanding First-to-File and Right of Priority

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Myanmar's burgeoning market presents a wealth of opportunities for businesses looking to expand their brands and protect their intellectual property. Among the crucial steps in this process is trademark registration, a vital measure to safeguard brand identity and reputation. Understanding the provisions under Section 19 of the Trademark Law of Myanmar is essential for any entity seeking to secure trademark rights in this dynamic landscape. This article is to delve into the significance of the "first-to-file" principle and the concept of the "right of priority" in Myanmar's trademark registration process. Section 19 of the Trademark Law of Myanmar addresses the scenario...

03 August

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Myanmar’s Intellectual Property Milestone: The Trademark Law in Action

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download In a momentous stride towards intellectual property protection, Myanmar enacted its landmark Trademark Law in 2019, setting the stage for a new era of brand safeguarding in the country. On April 26, 2023 which coincides with the World IP Day, the Myanmar Intellectual Property Department (IPD) celebrated this significant milestone with a special "grand opening" event. Since the commencement of this event, the IPD has been receiving new trademark applications. The new Trademark Law of Myanmar represents a pivotal step forward, marking the dawn of a comprehensive legal framework to protect trademarks in Myanmar. However, it is essential to acknowledge...

26 July

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Black-and-White or Color Marks in Vietnam – Picking the Right Path

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Download In the fast-paced world of commerce, trademarks serve as powerful assets that distinguish one business from another. They are the face of a brand, carrying with them the goodwill and reputation built over time. Registering a trademark is a strategic move that bestows exclusive rights to its owner, providing a shield against the use of confusingly similar marks. However, the decision of whether to register a mark in black and white or its specific colors can be a complex and crucial one. To shed light on this matter, we delve into the reasons why applying for both versions may prove...

20 July

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Patent Protection in Laos: Understanding Annual Fees and Patent Term for Patents in Laos

Posted by Vu Thu Uyen

in Laos, Patent/Petty Patent

Download In the dynamic landscape of intellectual property rights, protecting inventions through patents is crucial for businesses and inventors alike. When it comes to obtaining and maintaining patents in Laos, it is essential to comprehend the calculation of annual fees and the patent term. At KENFOX, our firm specializes in providing comprehensive patent services in Laos, assisting clients throughout the entire patent lifecycle, from application to maintenance. In this article, we will delve into the calculation of annual fees for granted patents in Laos, explain the patent term, and emphasize the importance of paying these fees promptly. Calculating the annual fee of...

13 July

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When Should a Descriptive Mark Be Allowed for Registration?

Posted by Vu Thu Uyen

in Notable Articles, Trademark

Download For trademark applicants venturing into the vibrant and ever-evolving markets of Vietnam and China, the acquisition of a profound understanding of the prevailing practices in examining trademarks classified as descriptive takes on a paramount significance. In these dynamic landscapes, where competition thrives and consumer demands constantly evolve, the fate of a trademark hinges on its ability to stand out amidst a sea of descriptive terms. A nuanced comprehension of the examination process becomes instrumental in charting a successful course, enabling applicants to navigate the intricacies of registrability and maximize the potential of their trademarks. Failure to grasp the intricacies of...

30 June

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An Award of Nearly VND 5 Billion for Copyright Infringement in Vietnam: What Lessons to Be Learned?

Posted by Vu Thu Uyen

in Copyright, Notable Articles, Vietnam

Download The copyright infringement case involving a substantial amount of nearly 5 billion VND (approx. USD 218,000) has garnered significant public attention and caught the interest of intellectual property rights holders. The trial took place in August 2022 at the People's Court of Binh Duong province. In this case, the defendant was ordered to compensate a substantial amount of nearly 5 billion VND. The compensation stemmed from the defendant's unauthorized installation of design software by their employees, thereby infringing upon the plaintiff's copyright ownership. The first-instance judgment ruled in favor of the plaintiff, who was the rightful owner of the copyright....

23 June

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Cambodian Customs and IPR Enforcement: What You Need to Know

Posted by Vu Thu Uyen

in Cambodia, Notable Articles

Download Cambodia's lack of a customs recordal system means that the customs authorities have not yet received any requests for customs supervision regarding intellectual property rights (IPR) infringement. But what does this mean for intellectual property rights holders who are looking to protect their interests in Cambodia? Is there any recourse available to them? In fact, there are still ways to engage Cambodian customs to enforce IPR infringement, and one of these ways is by filing a request for recordal of exclusive distributorship. In this article, we will explore this option in more detail and discuss the implications for intellectual property...