12 January

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What Determines Eligibility for Industrial Design Protection in Myanmar?

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...

02 January

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Bac Ninh Police Seize a Large Cache of Electronic Cigarette Liquid Burners

Posted by Vu Thu Uyen

in News, Notable Articles

Download 1. Case Brief In a significant operation, the Bac Ninh City Police have temporarily seized an extensive collection of electronic cigarette components, including nearly 400,000 finished liquid burners, in excess of 300 bottles of various essential oils, and several machines used in the manufacture of e-cigarettes. These items were of unknown origin. The action took place on December 27, in coordination with Market Management Team No. 1, during a thorough inspection of a warehouse in the Khuc Xuyen craft village industrial area, located in the Khuc Xuyen ward. The authorities discovered a substantial quantity of e-cigarette liquid burners, lacking necessary documentation such...

29 December

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Penalties for Patent Violations in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

Download When it comes to maintaining the integrity of patent rights and preserving the sanctity of the patent system, Myanmar enforces a set of penalties for various offenses. This guide outlines the specific actions that can lead to penalties, along with the corresponding consequences, ensuring that patent holders and those engaging with patents understand the legal boundaries. 1. Issuing False Patent Certificates and Registration Records Should an individual engage in any of the following activities, they could face penalties of imprisonment for up to one year, a fine of not more than two million kyats, or both: (a) False Patent Certificates: Creating, disseminating, or...

29 December

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Enforcing Patent Rights: A Guide to IPR Courts in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

Download When it comes to safeguarding patent rights and addressing potential infringements, the Intellectual Property Rights Courts in Myanmar play a vital role. This guide sheds light on the procedures and actions that can be pursued through these courts to uphold patent rights within the legal framework. 1. Initiating Provisional Measures If you, as a patent right holder, believe that your rights are being infringed upon, you have the option to seek provisional measures through the Intellectual Property Rights Court. These measures are designed to offer swift and temporary relief while the full legal process is underway. (i) Application for Miscellaneous Suit for...

27 December

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How did KENFOX successfully defend a pharmaceutical trademark in a recent lawsuit in Vietnam?

Posted by KENFOX IP

in News, Notable Articles

The lawsuit, spanning nearly 4 years and centered around the protection of a pharmaceutical trademark, recently reached a favorable resolution for C Pharmaceutical Company – a client represented by KENFOX in the Ho Chi Minh City People's Court. Pursuing justice and combating trademark squatting in Vietnam has consistently proven to be a complex undertaking. We take great joy and pride in standing alongside the trademark owner throughout this arduous journey, offering guidance from initial advice to courtroom representation in this challenging dispute. The significance of this victory is heightened as we approach the conclusion of the year 2023....

22 December

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Guide to Obtaining Protection for Minor Inventions in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

Download In the vibrant landscape of innovation, Myanmar has taken strides to safeguard and stimulate the growth of minor inventions through a comprehensive framework of patent protection. As a country that values creativity and technical advancement, Myanmar offers a distinct avenue for inventors to secure their minor innovations and reap the rewards of their ingenuity. This guide sheds light on conditions, exclusions, and processes that define the realm of minor invention patents within Myanmar's legal framework. Whether you're an inventor aiming to fortify your intellectual property or a curious mind delving into the intricacies of innovation protection, this guide offers critical...

18 December

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Takedown Notices: How Do ISPs Handle Copyright Infringement Claims in Vietnam?

Posted by Ly Dinh

in Copyright, Notable Articles

Download The landscape of intellectual property rights in Vietnam underwent a significant transformation with the third revision of the Intellectual Property Law in 2022. Among the notable provisions, Article 198b introduced a groundbreaking regulation holding Intermediary Service Providers (ISPs) legally responsible for copyright and related rights infringements by their platform users. Subsequently, on April 26, 2023, the Vietnamese government issued Decree No. 17/2023/NĐ-CP, providing detailed measures to implement the Intellectual Property Law regarding copyright and related rights. 1. Responsibilities of Intermediary Service Providers Upon receiving a removal or blocking request, often in the form of a Cease & Desist Letter, from a copyright...

15 December

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Patent Surrender and Revocation in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

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...