23 November

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Patent Term and Annual Fees in Myanmar

in Myanmar, Notable Articles, Patent/Petty Patent

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...

23 November

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Understanding Priority Rights and Timelines in Myanmar’s Patent Process

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

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...

17 November

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

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

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)...

17 November

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Patent Process in Myanmar: Examination, Opposition, and Registration

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

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...

02 November

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How to amend patent applications in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

Download Patent applications are crucial steps in protecting innovative inventions, but they are not always flawless. Mistakes and oversights can occur during the application process, necessitating provisions for amendments and corrections. Section 28 of the Myanmar Patent Law addresses these concerns, empowering patent applicants with the opportunity to refine and perfect their applications before the grant of a patent. This article explores the key provisions outlined in Section 28 and provides illustrative examples to better understand their practical applications. Amending patent applications: Correcting errors and oversights Section 28(a) grants patent applicants the right to request amendments to their patent applications to rectify text...

31 October

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From Geography to Goodwill: The Battle over Trademark Distinctiveness in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Trademark

Download For the past two decades, B. Lall (the Plaintiff) had been operating under the distinguished trademark "RANGOON OPTICAL WORKS," selling spectacles in the vibrant cities of Prome and Paungde. The Plaintiff detected that Mr. Ko Maung Ngwe sold spectacles under the same mark. As such, the Plaintiff filed a lawsuit against Mr. Ko Maung Ngwe (the Defendant) for their use of the same trademark, "RANGOON OPTICAL WORKS," in relation to spectacles. The core issue at hand was whether the term "RANGOON," with its geographical reference, could be deemed distinctive and protectable as a trademark in Myanmar. Case brief The Plaintiff's initial pursuit...

30 October

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Enforcing Trademark Rights in Myanmar – Essential Considerations

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Trademark

Download In the competitive landscape of business, trademarks are the lifeblood of a company's identity and reputation. They are symbols of trust, quality, and recognition in the market. The more well-known a mark is, the more vulnerable to infringement it is. However, as a trademark infringement case in Myanmar reveals, the more renowned a mark becomes, the more susceptible it becomes to infringement. This case sheds light on the intricate challenges involved in protecting a well-known mark within the vibrant market of Myanmar. Facts E. Mohamed Ebrahim & Anr, the Appellants-Plaintiffs, operated as importers and wholesalers, offering a diverse range of goods, including...

30 October

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Patent Ownership Rights in Employee Inventions under Myanmar Patent Law

Posted by Vu Thu Uyen

in Myanmar, Patent/Petty Patent

Download 1. Default Ownership under Employment Contract (Section 17(a)) Inventions created by an employee under the employment contract. Default ownership and patent application rights usually belong to the employer if: Invention falls within employee's work duties. Invention was created using employer's resources or facilities. 2. Exceptions to Default Ownership If employment contract contains clauses stating otherwise: Employee retains right to apply for patent. Especially for inventions outside regular duties or using personal resources. 3. Employee's Right to Apply for Patent if Employer Fails to Act (Section 17(b)) Employee informs employer in writing upon completion of the invention. Employer has 6 months to apply for...

18 October

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What is the Process of Customs Recordal for Trademarks in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Trademark

Download The Ministry of Planning and Finance of Myanmar issued Notification No. 50/2023, outlining the rules, requirements, and procedures for registered trademark owners to safeguard their intellectual property rights through customs recordation. This notification provides a framework for trademark owners to avail customs protection against counterfeiting and protect their brands in cross-border trade. Customs recordal or customs watch (customs supervision) is of paramount importance as an IPR enforcement strategy for IPR holders in Myanmar. The customs authority in Maynmar serves as a gatekeeper, playing a crucial role in preventing the entry of trademarked counterfeits into the country. By prioritizing customs recordal or...

18 October

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Trade Name Protection in Myanmar: What You Need To Know

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Trade names play a vital role in distinguishing one business from another, contributing to brand recognition and reputation. In Myanmar, trade names are considered intellectual property subject matter and are granted protection under the Trademark Law. At KENFOX, we recognize the significance of trade names and their role in shaping a business's success. As a prominent intellectual property law firm in Myanmar, we are dedicated to providing comprehensive IP services to safeguard and enhance our clients' intellectual property assets, including trade names. In this article, we delve into the concept of trade names in Myanmar, explore the extent of their...