31 October

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

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...

26 October

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What Proactive Strategies Can Brand Owners Employ To Enhance Their Partnership With Customs Officials In Laos And Improve Their Chances Of Intercepting Counterfeit Goods Before They Enter/Exit The Market?

Posted by Ly Dinh

in Laos, Trademark

Customs recordal can be an effective means of enforcing IP rights in Laos because it provides a legal framework for customs officials to take action against counterfeit products at the border. With recordal, businesses can furnish details about their IP rights, including trademarks and copyrights, to the customs authorities. This information equips customs officials to identify and seize infringing goods, which can prevent counterfeit products from entering the country. However, relying solely on customs recordal is not a foolproof method for enforcing IP rights. It requires vigilance and cooperation between the IP owner and the customs authorities to effectively identify and...

26 October

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What Are The Potential Costs Involved In Working With Customs Officials To Protect A Brand’s Intellectual Property, And How Can These Costs Be Managed Effectively In Laos?

Posted by Ly Dinh

in Laos, Trademark

To safeguard IP rights in Laos through the customs system, rights holders generally allocate a sufficient budget for strategic actions and measures. These expenses cover the custom recordal and the inspection and suspension procedures for counterfeits at Customs. Under Article 32 of Law on Custom, revised in 2019, if a rights holder possesses reliable information that imported, exported or transited goods infringe their trademarks or copyrights, they can submit a request to Customs for inspection and temporary seizure of such goods. Prior to inspection and suspension, the rights holder is required to deposit of a security of 10,000,000 Kip (about...

26 October

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Are There Any Time-Sensitive Considerations That Brand Owners Should Be Aware Of When Dealing With Customs-Related IP Enforcement In Laos?

Posted by Ly Dinh

in Laos, Trademark

In case of customs supervision through recordal, brand owners must respond within a strict 3-day window upon receiving any notice from customs regarding suspected goods, they only have 3 days for giving their confirmation. Failing confirmation within this timeframe empowers customs officers to proceed legally, leading to the release of the suspected goods for declaration at customs. In case a rights holder files an application with customs for inspection and suspension of counterfeit good, any detected and retained items must be addressed through judicial action with a specified period of 10 working days. Failure to do so results in the immediate...

26 October

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What Is The Typical Process For Confiscation Or Further Investigation In The Event That Lao Customs Officials Identify Potentially Counterfeit Goods?

Posted by Ly Dinh

in Laos, Trademark

In the context of customs procedures, in case of suspecting counterfeit goods at the Customs followed by the customs recordal, the below activities are involved: Customs officials inspect and compare goods with the information provided in the customs declaration and customs recordal, which has been registered in the Customs database. This includes examining photos, description, and characteristics used to identify genuine goods to determine whether the goods are counterfeit or if they are suspected of infringing IPRs; If the grounds for determining goods are suspected of being counterfeit or infringing IPRs are not sufficient, it is required to carry out...

26 October

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Can Brand Owners Send Lao Customs Officials A Product Information Guide Or Any Additional Materials To Assist Them In Identifying Genuine Products?

Posted by Ly Dinh

in Laos, Trademark

To increase the effectiveness of customs recordal in detecting and preventing the importation or exportation of counterfeit goods, trademark owners should furnish customs officials with clear and detailed information regarding their registered trademarks. Specifically, the following details can aid customs officials in better identifying counterfeit goods and differentiating them from genuine products. images, descriptions, samples of genuine products, a list of Characteristics for distinguishing genuine goods from goods infringing on IP rights, any equipments or tools to differentiate the differences between the original and counterfeit products. Such details can be submitted in Word, PDF, or physical formats, provided they...

26 October

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Are Copyright Registrations Registrable With Customs In Laos?

Posted by Ly Dinh

in Laos, Trademark

Customs recordal in Laos is applicable not only for trademark registrations but also for copyright registrations. The procedures and authorities involved in examining the customs recordal of these IP subject matters as mentioned are the same. Copyright owners seeking to record their copyrights with the Laos Customs Department must submit an application alongside the required documents and fees. One of the essential documents is a Copyright registration certificate in Laos. Despite being a signatory to Berne Convention, Laos handles copyrights territorially. Copyright owners are advised to register their works within the country to ensure comprehensive protection of their IP rights. This recommendation...

26 October

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Can Rights Holders Record Trademark And Brand-Related IP Information With Lao Customs And, If So, How?

Posted by Ly Dinh

in Laos, Trademark

In Laos, customs recordal may serve as an effective means for enforcing IP rights as it prevents and suppresses IP counterfeiting of IPR holders’ products at Laos’ borders. In order to take advantages of customs registration system for IP protection in Laos, rights holders must submit a formal request for customs recordal of their IP rights with the Laos Customs Department. Trademarks, designs, and copyrights can be registered with customs in Laos, enabling enhanced IP protection measures at the country’s borders. A customs recordal request is examined by the Laos Customs Department to assess its compliance with the necessary requirements and...