20 July

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Dual Protection in Europe: When a Bicycle Bag Qualifies Both as a Registered Design and as a Copyright Work

in Industrial Design, News, Notable Articles

Download Do you believe that merely changing the colour of the stitching, adding a different logo, or arguing that a design merely "follows market trends" is sufficient to avoid allegations of design infringement? The recent judgment of the District Court of The Hague (the Netherlands) in the dispute between Basil and BRN demonstrates that such an approach can no longer be regarded as a "safe harbour" for alleged infringers. The case not only marks an important victory for the bicycle bag manufacturer Basil, but also provides a compelling illustration of the dual protection mechanism available under European law, whereby an everyday utilitarian...

02 April

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Enforcing Industrial Design Rights in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download Industrial design rights play a crucial role in safeguarding the unique and creative aspects of a product's appearance. These rights grant creators exclusive control over the visual attributes of their designs, ensuring fair competition and encouraging innovation. This guide outlines the procedures and measures available under Myanmar's Intellectual Property Rights Court to protect and enforce industrial design rights effectively. 1. Seeking Remedies for Infringement of Industrial Design Rights Filing a Suit for Provisional Measures: Design right holders seeking protection against infringement can apply for provisional measures through a civil action in the Intellectual Property Rights Court, as outlined in Sections 67(a) and...

02 April

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Invalidation and Cancellation of Registered Industrial Design in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download In Myanmar, the process of invalidation and cancellation of a registered industrial design involves the legal mechanisms through which the rights associated with a registered design can be challenged or revoked. Industrial designs are vital for protecting the aesthetic and ornamental aspects of a product, ensuring creators and innovators can safeguard their unique visual creations. “Invalidation” refers to the procedure through which an interested party seeks to challenge the validity of a registered industrial design. This could be due to various reasons, such as prior existing rights, lack of novelty, or failure to meet the necessary requirements for design registration. The...

02 April

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Granting Licenses for Registered Industrial Designs in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download In Myanmar, granting licenses for registered industrial designs is a strategic approach that allows owners to share their designs with others while safeguarding their rights. This guide provides a step-by-step process for granting licenses and ensuring proper documentation of these arrangements. Step 1: Setting License Terms As the owner of a registered industrial design, you have the authority to grant licenses to individuals or legally established organizations. Before doing so, it's essential to define clear and comprehensive terms and conditions for the use of your industrial design. These terms will outline the scope, duration, royalties, and any other relevant aspects of the...

02 April

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How Can We Record Transfer of Registered Industrial Design Rights in Myanmar?

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download In Myanmar, the transfer of registered industrial design rights is a significant process that involves the change of ownership or application status. This guide outlines the steps to request and record the transfer of these rights, ensuring a seamless transition of ownership or application to a new entity. Step 1: Request for Transfer (a) If you are the applicant seeking to transfer the application of an industrial design, you can formally request the Registrar to record the transfer of your application. This request should be made in accordance with the specified guidelines. (b) In case you are the current owner of a registered...

02 April

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Understanding Registered Industrial Design Rights in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download Registered industrial design rights in Myanmar provide exclusive protections for innovative designs. As the owner of a registered industrial design, you can enjoy these rights throughout the registration period. By complying with the provisions in this chapter, you secure your design's legal status and gain the following privileges. 1. Exclusive Rights and Civil Actions As the rightful owner, you possess exclusive rights to: (i) Prohibit any commercial production, sale, or import of products without your consent, if they incorporate reproductions of your registered industrial design or designs that substantially replicate its main elements, and (ii) Initiate civil action against parties who infringe...

27 March

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Correcting or Withdrawing A Copyright Application in Myanmar: What To Know?

Posted by Quyen Nguyen

in Copyright, Myanmar

Download Applicants for copyright registration are entitled to correct or withdraw their applications under Articles 48 and 52 of Myanmar’s Copyright Law. KENFOX would like to provide below essential insights and details to help copyright applicants prepare, ensuring a smooth process of correcting or withdrawing their copyright applications in Myanmar. 1. Correction of errors in copyright registration applications Article 48(a) allows the applicant to file a request with the Registrar for correcting any clerical error or other mistakes in the application or any document. This can be done after paying the prescribed fees and must occur before the Registrar decides on the registration...

27 March

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Correcting a clerical error or changing my nationality and address in copyright registration in Myanmar: How?

Posted by Quyen Nguyen

in Copyright, Myanmar

Download Incorrect information in the Copyright Registration Certificate in Myanmar can indeed create significant obstacles for copyright owners. If the information on the certificate is incorrect, it may undermine the owner's claim, allowing infringers to challenge the legitimacy of the ownership. Inaccuracies in the registration certificate can lead to delays in legal proceedings as these issues need to be resolved before moving forward with enforcement actions. Ambiguities or errors in copyright registration details might lead to disputes not only with infringers but also with co-authors, heirs, or assignees who might have a claim to the copyright. Hence, maintaining the accuracy of...

27 March

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Notification to Copyright Applicant and Publication: How and What?

Posted by Quyen Nguyen

in Copyright, Myanmar

Download Following the Registrar's decision on a copyright registration application, copyright applicants are promptly informed about the outcome of their submissions and that successful registrations are made accessible to the public. 1. Notification of the Decision The applicant will be directly notified about the decision on their copyright registration application. This notification could be in the form of a formal letter, email, or another official communication method used by the Registrar's office. It informs the applicant whether their copyright registration has been granted or refused. Knowing whether the copyright has been granted or refused allows the applicant to make informed decisions about their next...

27 March

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Refusal of copyright registration in Myanmar: What are the reasons?

Posted by Quyen Nguyen

in Copyright, Myanmar

Download A copyright application in Myanmar may face various obstacle resulting in refusal. A clear and deep understanding of reasons why a copyright application is refused is a good way to avoid and/or overcome it, saving time, finance and other resources as well as ensure a smooth process of copyright registration in Myanmar. KENFOX would like to provide below essential insights and details to help copyright holder prepare, ensuring a smooth copyright registration process in Myanmar. 1. Failure to meet territorial and qualification criteria (Article 12) A work created beyond the scope of application under Article 12 will not be protected and refused...