KENFOX IP & Law Office > Notable Articles (Page 3)

Patent Surrender and Revocation in Myanmar

Download The realm of intellectual property is a crucial aspect of modern economies, providing inventors and creators with protection and incentives to continue their innovative endeavors. Patents, in particular, grant inventors exclusive rights to their creations for a specified period, enabling them to control and profit from their innovations. However, there are instances when patentees may choose to surrender their patents voluntarily, or when circumstances arise that necessitate the revocation of a patent. In Myanmar, the legal framework governing the surrender and revocation of patents is outlined in a series of provisions. Surrender of Patents Under Myanmar's patent laws, patentees have the...

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How Did Philipp Plein Appeal a Decision on Trademark Refusal in Vietnam?

Download Article 74.2 (e) of Law on IP stipulates that: “2. A mark shall be deemed to be indistinctive if it is a sign falling into one of the following categories: (e) Signs other than integrated marks which are identical with or confusingly similar to registered marks of identical or similar goods or services on the basis of applications for registration with earlier filing dates or priority dates, as applicable, including applications for registration of marks filed pursuant to a treaty of which the Socialist Republic of Vietnam is a member“. In order to assess the similarity of marks at issue, it is...

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What is Difference Between “Patent Revocation” and “Patent Cancellation” in Myanmar?

Download Both "patent revocation" and "patent cancellation" are legal processes that impact the status of a granted patent; however, they differ in their origins, procedures, and outcomes. The distinctions between these two terms are rooted in their respective triggers and the underlying reasons for their application. Patent Revocation "Patent revocation" is a legal process initiated by an external party, typically an individual or legally formed organization, with the aim of challenging the validity and continuation of a granted patent. This process is based on specific grounds stipulated by the patent law. The intention behind patent revocation is to reassess and potentially invalidate a...

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Patent Licensing in Myanmar: Transfer, Ownership, and Opportunities

Download In Myanmar's dynamic landscape of intellectual property, patent rights stand as a cornerstone for innovation protection. These rights provide inventors and creators with a legal foundation to safeguard their groundbreaking ideas. Additionally, the process of transferring ownership and granting licenses adds layers of complexity to patent management. This article delves into the intricacies of patent rights transfer and licensing within Myanmar's legal framework, highlighting the significance of these provisions through illustrative examples. The Power of Transfer: Shifting Patent Ownership The journey of a patent begins with an applicant, and the rights associated with it can be seamlessly transferred to other individuals or...

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Patent Rights in Myanmar: Protection, Boundaries, and Possibilities

Download In the intricate landscape of intellectual property, patent rights serve as a bedrock for safeguarding innovations and fostering creativity. Myanmar's patent system, aligned with international standards, provides a comprehensive framework that defines the scope, limitations, and opportunities surrounding patent rights. This article delves into the essence of patent rights in Myanmar, illuminating the exclusive privileges they confer to patentees, delineating exceptions, and exploring avenues for exercising these rights. Illustrative examples further underscore the significance of patent rights in real-world scenarios. The Essence of Patent Rights At the heart of Myanmar's patent regime lies the notion of patent rights. A patentee, the individual...

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Patent Term and Annual Fees in Myanmar

Download In the realm of intellectual property protection, patents stand as a cornerstone for innovation-driven endeavors. Myanmar's patent system, aligned with international standards, encompasses provisions concerning the term of patents and the payment of annual fees. These aspects play a vital role in maintaining the exclusivity and value of patents. This article delves into the key elements surrounding patent term duration, annual fees, and their implications. Relevant examples will illustrate the importance of strategic management within Myanmar's patent landscape. The Duration of Patent Protection The journey of patent protection in Myanmar commences with the submission of a patent application, and it unfolds over...

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Understanding Priority Rights and Timelines in Myanmar’s Patent Process

Download In the dynamic world of intellectual property, securing patent rights and safeguarding inventions often requires an intricate understanding of timelines and priority rights. Myanmar's patent system, aligned with international agreements, offers crucial provisions for applicants seeking to establish their patent applications within specific timeframes. This article delves into the significance of priority rights in Myanmar's patent process and illustrates these concepts with relevant examples. Priority Rights: A Primer Priority rights form the backbone of patent protection, allowing inventors to establish their patent applications based on an earlier filing in another country. Myanmar's patent system recognizes priority rights in two distinct scenarios: within...

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Patent refusal in Vietnam: Reasons & Suggestions for Applicants

Download Filing a patent application is a significant step towards protecting your intellectual property. However, the journey doesn't end with submission; patent applicants often encounter substantive office actions, crucial points where the patent office reviews the application in detail. Understanding these office actions is vital for a successful patent approval process. In Vietnam, the Intellectual Property Office of Vietnam (IP VIETNAM) handles these proceedings. This article aims to shed light on substantive office actions for patent applications in Vietnam and offer insights on how to navigate through them effectively. 1. Substantive Examination Stage The substantive examination, as stipulated in Rule 15.6 of Circular...

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Patent Examination, Opposition, and Registration in Myanmar – What You Need to Know

Download Patents hold a pivotal significance in safeguarding innovation, making a profound impact on shielding intellectual property. Acquiring insight into the patent procedure is of utmost importance for inventors and enterprises aiming to preserve their inventive creations. Myanmar's patent journey encompasses various phases, starting from preliminary assessment to formal registration, encompassing facets like objection, reinstatement of rights, and global implications. 1. Responsibilities of the Examiner An Examiner shall perform the following actions in relation to patent applications: (i) Classify the invention in accordance with international classifications; (ii) Examine whether the invention adheres to the provisions outlined in sections 19 and 20, and (iii)...

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Patent Process in Myanmar: Examination, Opposition, and Registration

Download The patent process is a crucial aspect of intellectual property protection, granting inventors exclusive rights to their creations. In Myanmar, the patent process involves several stages, including examination, opposition, and registration. These stages play a pivotal role in determining the fate of a patent application and ensuring that the granted patents adhere to legal and regulatory standards. This article will delve into the intricacies of each stage and shed light on the key aspects of the patent process in Myanmar. 1. Examination stage The examination stage is a pivotal step in the patent process, where a patent examiner assesses the patent application's...

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