02 April

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Proving Originality Of An Applied-Art Work Or A Logo: Why Is It Challenging and What To Do?

When opposing or requesting the invalidation of a third party's trademark registration on the grounds that the trademark is a copy or contains a copy of a work protected by rights under Article 73.7 of the Intellectual Property Law (IP Law), or requesting administrative handling copyright infringement, you may face a counter-statement that your logo lacks “originality” - one critical requirement to enable your logo to qualify copyright protection. Such claims can include arguments that your logo is composed of common, generic, or widely used elements that do not meet the threshold of originality – it lacks distinctiveness, meaning it...

27 March

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10 Limitations and Exceptions of Economic Rights under Myanmar’s Copyright Law You Need To Know

Posted by Ly Dinh

in Copyright, Myanmar, Notable Articles

Download The limitations and exceptions to the economic rights of copyright holders in Myanmar are provided under Articles 24 through 33 of Myanmar’s Copyright Law. These provisions ensure a balanced approach, allowing for certain uses of copyrighted works without the authorization of the right holder under specific circumstances, aiming to foster education, cultural exchange, and access to information while still protecting the interests of copyright owners. KENFOX provides below such limitations and exceptions to the economic rights so that copyright holders could take proper actions. 1. Personal use and fair use: Individuals are allowed under Article 24 to reproduce parts of published...

26 March

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Myanmar’s Copyright Law 2019 – What is it provided for?

Posted by Ly Dinh

in Copyright, Myanmar, Notable Articles

Download Myanmar's Copyright Law, enacted as The Pyidaungsu Hluttaw Law No. 15, 2019, comprises 24 chapters, each addressing various aspects of copyright and related rights protection, administration, enforcement, and penalties. KENFOX would like to provide below some basic details of the law with a hope that they will help IPR holders understand about the key provisions and mechanisms thereof and how to effectively manage, protect, and enforce their copyright and related rights in Myanmar. Chapter I - Title, enforcement, and definitions (including 02 articles, Articles 1-2) Establishes the law's title, its effective date, and provides definitions for terms (e.g., "author," "copyright," "intellectual property...

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

[vc_row triangle_shape="no"][vc_column][vc_column_text] 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...

16 February

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How to effectively handle conflicts between trademarks and copyrights in Vietnam as per Article 73.7 of Vietnam IP Law?

Posted by Ly Dinh

in Notable Articles

Download Conflicts between trademarks and copyrights are widespread in many jurisdictions throughout the world and are becoming an issue in Vietnam. There has been an increase in instances of intellectual property theft (copying of copyrighted works) for trademark registration. It is no longer a rare occurrence for trademark squatters to register the logo or work of applied art of a particular individual as their own trademark. Many IPR holders have been forced to sit at the negotiating table with trademark squatters to negotiate and accept to buy back their trademarks at exorbitant fees. The struggle between protecting creativity and combating the...

19 January

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Deferring Public Announcements in Industrial Design Application in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar, Notable Articles

Download The strategic aspect of deferring public announcements plays a pivotal role in the realm of industrial design application in Myanmar. Understanding this practice is essential for design creators seeking to navigate the landscape of design protection with precision. This guide unveils the intricate facets of deferring public announcements, allowing applicants to strategically manage the dissemination of information about their industrial designs. 1. Deferring Public Announcements: A Tactical Approach An applicant embarking on the journey of industrial design registration holds the power to influence the timing of public announcements. By invoking Section 3s6 of the industrial design framework, an applicant can formally request...

12 January

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Industrial design Process in Myanmar: Examination, Opposition, and Registration

Posted by Vu Thu Uyen

in Industrial Design, Myanmar, Notable Articles

Download In the realm of industrial design protection within Myanmar, the journey towards securing your design rights involves a series of meticulous steps. From initial application scrutiny to potential objections and eventual registration, understanding the process is key to successfully navigating the intricacies of industrial design protection. 1. Application Evaluation by Examiner: Ensuring Conformity with Regulations When submitting an application for industrial design registration, a diligent Examiner plays a pivotal role in ensuring its compliance with the stipulated provisions. Here's a glimpse into the examiner's responsibilities: (a) Examination and Submission: The Examiner carefully evaluates the applications to verify their alignment with the conditions outlined...

12 January

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What Determines Eligibility for Industrial Design Protection in Myanmar?

Posted by Vu Thu Uyen

in Industrial Design, Myanmar, Notable Articles

Download In the dynamic landscape of industrial design protection, understanding the intricate criteria that dictate the eligibility of a design for safeguarding is paramount. This comprehensive guide unveils the essential facets that shape the protection of industrial designs, offering inventors and creators a clear pathway through the complex terrain of design rights within Myanmar. 1. Unveiling the Criteria for Industrial Design Protection in Myanmar 1.1. Novelty and Originality: Central to securing industrial design protection is the embodiment of novelty and distinctiveness within the design itself, differentiating it from mere imitations or pre-existing creations. The following elements demystify the pivotal concept of novelty and...

05 January

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What Are Industrial Design Protection Criteria and Eligibility in Myanmar?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles

Download In the realm of industrial design protection within Myanmar, it is imperative to comprehend the criteria that determine the eligibility of a design for safeguarding. This guide elucidates the crucial aspects that govern the protection of industrial designs, ensuring inventors and creators navigate the intricate landscape of design rights with clarity. 1. Eligibility Criteria for Industrial Design Protection in Myanmar To qualify for protection, an industrial design must possess the qualities of novelty and distinctiveness, setting it apart from imitative or pre-existing designs. (a) Newness Requirement: An industrial design is considered new if it has not been previously documented in writing, utilized, published,...

03 January

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Trademarks and trade names: What lessons can be learned from the recent pharmaceutical trademark lawsuit in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark

Download The nearly 4-year-long lawsuit between LC Pharmaceutical Company, a client of KENFOX, and Ms. LKL, the owner of the "LC" brand, reached its conclusion on December 20, 2023. The People's Court of Ho Chi Minh City delivered its verdict, dismissing all of Ms. LKL's claims. This decision marks not only a triumph for LC Pharmaceutical Company but also signifies a turning point in the fight against trademark squatting in Vietnam, shedding light on the complicated aspects of both intellectual property and pharmaceutical laws. The path to seek justice and fight against trademark squatting in Vietnam has never been simple. In...