18 October

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Registering and Protecting Geographical Indications in Myanmar: 10 noteworthy points

Download Geographical Indication (GI) holds significant importance in safeguarding the unique identity and quality of goods originating from specific regions or territories. A Geographical Indication is defined under Section 2 of Myanmar’s Trademark Law as an indication which identifies any goods as originating from a particular country, territory or a region, where a given quality, reputation or other distinguishing characteristics of the goods is indicative of its geographical origin. The primary objective of GI protection in Myanmar is to preserve the distinctiveness and reputation of goods linked to specific geographic areas, ensuring consumers can trust the authenticity and unique attributes of...

22 September

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What Are the Penalties for Counterfeiting Offenses in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Preserving intellectual property rights plays a pivotal role in stimulating innovation, nurturing creativity, and promoting equitable competition within any economy. Recognizing this significance, Myanmar has implemented rigorous legislation to tackle counterfeiting effectively and protect the rights of intellectual property owners. Within the legal framework of Myanmar, Sections 87 to 92 delineate the consequences for offenses associated with counterfeiting and unauthorized use of protected marks. This article explores the essential provisions of these sections, underscoring the government's unwavering dedication to safeguarding intellectual property rights. Offenses for commercial purposes Section 87 of Myanmar's Trademark Law prescribes various offenses committed with a commercial intent and...

11 September

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What Factors Should You Keep In Mind When Filing A Trademark Opposition In Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Filing a trademark opposition offers a legal avenue to challenge applications that might infringe on your existing rights or compromise the integrity of the trademark system. Third parties have the right to oppose a trademark application if they believe it doesn't adhere to the criteria outlined in the Myanmar Trademark Law. KENFOX IP & Law Office will explore the crucial factors that need to be taken into account when filing a trademark opposition in Myanmar, encompassing the grounds for opposition, necessary documentation, deadlines, and the handling of objections by the Intellectual Property Department (IPD). 1. Grounds for a trademark objection or...

07 September

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How Are Border Control Measures Enforced to Safeguard Trademark Rights in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Intellectual property rights are essential for fostering innovation, creativity, and economic growth. In an effort to safeguard these rights, Myanmar has implemented a customs recordal procedure, as stipulated in the new Trademark Law under Sections 68-76. In addition, Myanmar’s Ministry of Planning and Finance issued Notification No. 50/2023, which sets out the rules, requirements, and procedures for registered trademark owners to protect their intellectual property rights through customs recordation. This procedure empowers right holders to take swift action against counterfeit goods entering the country's trade routes. By providing a clear framework for examination and decision-making, the law aims to protect...

28 August

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Inventions Made under Employment Contracts under Myanmar Patent Law 2019: An Overview and Implications for Patent Dispute Resolution

Posted by Vu Thu Uyen

in Myanmar, Patent/Petty Patent

Download In Myanmar, as in many other countries, the ownership of inventions created during the course of employment can lead to complex legal questions. When employees develop new innovations related to their employer's work or using the employer's resources, the determination of patent ownership becomes crucial for fostering innovation, protecting intellectual property rights, and maintaining a fair balance between employers and employees. Patent ownership rights in employee inventions under employment contracts Myanmar Patent Law, under Section 17 (a), provides for patent ownership rights in employee inventions under employment contracts. As a general rule, when an employee creates an invention while working under the...

28 August

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Understanding Patent Eligibility and Ineligibility in Myanmar: What Inventions Qualify for Protection?

Posted by Vu Thu Uyen

in Myanmar, Patent/Petty Patent

Download 1. Eligibility for Patent Protection in Myanmar Patent Definition: Protection for inventions related to solving technical problems. Includes minor inventions (new product forms, structures, or parts). Three Essential Requirements: (i) Novelty: Invention must not exist before application date. Not previously known or publicly disclosed worldwide. (ii) Inventive Step: Invention must not be obvious to experts in the field. (iii) Industrial Applicability: Invention must be producible or usable in an industrial enterprise. 2. Ineligibility for Patent Protection in Myanmar Eight Subject Matters Not Eligible: (i) Discoveries, Scientific Theories, Mathematical Calculations. (ii) Systems, Rules, Methods for Business, Psychology, Games. (iii) Pure Computer Programs without Technical Application. (iv) Biological Production Processes for Plants/Animals. (v) Plants, Organisms, DNA...

28 August

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Filing a Patent Application in Myanmar – 10 noteworthy considerations

Posted by Vu Thu Uyen

in Myanmar, Patent/Petty Patent

Download Filing a patent application in Myanmar is a crucial step in securing protection for innovative inventions. The process requires meticulous attention to detail and adherence to the relevant provisions outlined in Sections 18 to 29 of the Myanmar Patent Law. This guide provides a comprehensive overview of the patent registration requirements, along with other important points to assist applicants in navigating the application process successfully. 1. Eligibility and application for patent rights To obtain patent rights in Myanmar, eligible applicants must apply to the Registrar as prescribed under Section 18 of the Myanmar Patent Law. Eligible applicants are individuals or legally formed...

28 August

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Patent Registration and Protection in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Patent/Petty Patent

Download 1. Eligibility for Patent Protection in Myanmar In Myanmar, patent protection is officially recognized under the Patent Law 2019. A patent is a form of intellectual property right granted to protect an invention, which is defined as any product or creation related to a production process that can solve a particular problem in a technical field, including minor inventions. Minor inventions are considered as technical creations that encompass new forms of a product, new structures of the parts of a product, or parts of a product that enhance its utility or performance. To qualify for patent protection in Myanmar, an invention must...

25 August

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Effective Legal Routes to Tackle Trademark Infringement in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Myanmar's commitment to safeguarding intellectual property rights (IPR) and fostering innovation-driven growth is evident in its comprehensive Trademark Law, which provides a robust framework for right holders to protect their trademarks against infringement. Sections 77-86 of the law outline the options, responsibilities, and measures available to right holders seeking to take action against trademark violations in the country. In this article, we delve into the key provisions of these sections, shedding light on the procedural aspects and civil remedies available to protect trademark rights in Myanmar. Options for right holders to enforce trademark rights In Myanmar, right holders facing trademark infringement have...

24 August

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Trademark invalidation and cancellation in Myanmar – Critical Considerations

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download Myanmar, a nation with a rich cultural heritage and a burgeoning economic landscape, has made remarkable strides in strengthening its legal framework for trademarks. With the enactment of the Trademark Law, the country has demonstrated a commitment to protecting and preserving the integrity of registered marks. At the heart of this legislation lie Sections 50, 51, and 52, pivotal provisions that tackle crucial aspects like invalidation, cancellation, and the prohibition of the use of canceled or refused marks. Together, these sections play a pivotal role in empowering stakeholders, fostering fair competition, and ensuring transparency within Myanmar's trademark system. In this...