26 March

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Economic rights and moral rights of copyright owners in Myanmar

Download 1. Economic rights of copyright owners in Myanmar: What are they Under Myanmar's Copyright Law, Articles 18 and 19 define the economic rights granted to authors and copyright owners, encompassing a broad spectrum of exclusive rights that allow for the commercial use and control of their works. KENFOX provides below the relevant economic rights so that authors and copyright owners can take relevant actions under Myanmar laws. Economic Rights Granted (Article 18) [1] Reproduction: The right to make copies of the work in any manner or form, including any permanent or temporary storage of the work in electronic form. [2] Translation, adaptation, arrangement, or...

20 March

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How to Prove a Generic or Descriptive Sign Is Eligible for Registration in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download A mark lacking inherent distinctivness or being descriptive of the goods of services can still achieve registration in Myanmar under Section 13 of Myanmar’s New Trademark Law if it satisfies either of the following requirements: (i) If the mark’s distinctiveness is known among consumers due to its use before the date of application for mark registration, or (ii) If the applicant, in good faith, is exclusively using the mark continuously within the commercial area of Myanmar. Despite these provisions, it remains unclear how the law determines a mark to be sufficiently "known" among consumers for eligibility, or the extent of...

20 March

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How to Overcome Trademark Refusal for Genericness or Descriptiveness in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Facing the hurdle of trademark refusal in Myanmar due to genericness or descriptiveness often poses significant obstacles for trademark applicants. However, the picture was not always so gloomy. Myanmar's New Trademark Law, particularly under Section 13, provides a pathway for such marks to change their fates, being accepted for registration if meeting certain. Specifically, a mark may qualify for registration if it is (i) recognized for its distinctiveness among consumers prior to the application or (ii) exclusively and continuously used in good faith by the applicant within Myanmar's commercial domain. Yet, Myanmar's New Trademark Law does not clearly provide for how...

26 January

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Navigating the Term of Registration and Renewal in Industrial Design Protection in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download As you embark on the journey of securing your prized industrial design, understanding the dynamics of registration and renewal is essential to safeguarding your creative endeavors. 1. The Initial Term of Registration Upon successfully submitting your application for industrial design registration, your design is granted a term of registration that spans five years from the date of application submission. During this period, your design enjoys the protection and recognition it rightfully deserves. 2. Extending the Term of Registration As the expiration date of your design's registration term draws near, you have the opportunity to extend its protection for successive periods. To accomplish this,...

26 January

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Exploring the Right of Priority in Industrial Design Application in Myanmar

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download When it comes to seeking protection for your innovative industrial design, the right of priority can play a pivotal role in ensuring your creative efforts receive the recognition they deserve. Let's delve into the essential provisions that govern the right of priority in Myanmar's industrial design landscape. Securing Right of Priority Have you applied for the registration of your groundbreaking industrial design in a Member State of the Paris Convention or the World Trade Organization? If so, you're in luck. Myanmar's industrial design framework grants you the right of priority, affording your design the privilege it deserves. When you choose to apply...

19 January

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Why Is It Necessary To Defer Public Announcements in Industrial Design Application?

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download In the intricate realm of industrial design application, the concept of deferring public announcements emerges as a strategic imperative, offering design creators a unique avenue for navigating the dynamic landscape of design protection. This exploration delves into the compelling reasons that underscore the necessity of deferring public announcements in the pursuit of securing robust industrial design rights within Myanmar's legal framework. Preserving Competitive Advantage At the heart of the deferral strategy lies the fundamental goal of preserving a competitive advantage. By strategically timing the public announcement of an industrial design, applicants gain the crucial space and opportunity to fine-tune their design, enhance...

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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How Do I Apply for Industrial Design Registration in Myanmar?

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download The process of securing industrial design rights in Myanmar involves distinct stages and considerations. This guide delineates the intricate steps and requirements that applicants must adhere to when applying for the registration of an industrial design. 1. Filing an industrial design application Eligibility and Intent: Any individual or entity entitled under this Law to seek industrial design protection can submit an application for the registration of their industrial design to the Registrar, following the stipulated guidelines. This is a crucial step for those seeking to secure industrial design rights. 2. Application essentials (i) Single application for multiple designs: Applicants have the option to submit...

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...