01 February

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Law vs. Reality: The Hurdles of Pursuing Damages in Vietnamese Copyright Infringement Cases

Download The transfer price of intellectual property (IP) rights is one of the legal bases specified in Article 205.1(b) of the Vietnam IP Law to determine compensation claims in IP disputes. However, in a recent notable IP infringement case, both levels of court - first instance and appellate court - simultaneously rejected a claim for compensation based on the "transfer price" of IP rights. The case not only sparked endless debates about the complexity of the legal process, but also highlighted a significant challenge in determining the basis and method for Courts to assess and award compensation in IP disputes. Why is...

01 February

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How Does Vietnam’s IP Law Need To Provide For AI Generated Works?

Posted by Vu Thu Uyen

in Copyright, Vietnam

Download In the rapidly evolving digital age, the intersection of artificial intelligence (AI) and creative processes presents a unique challenge to traditional notions of copyright. As AI advances with increasingly sophisticated capabilities, it has become a critical component in generating diverse forms of content. In this context, a series of questions arise, requiring deep consideration as to whether works created by AI are eligible for copyright protection. Lawmakers and law enforcement agencies are faced with the necessary task of considering a series of aspects: from determining the originality and copyright status of such works, to the extent of creative input from...

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...

05 January

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What Are Industrial Design Protection Criteria and Eligibility in Myanmar?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles

Download In the realm of industrial design protection within Myanmar, it is imperative to comprehend the criteria that determine the eligibility of a design for safeguarding. This guide elucidates the crucial aspects that govern the protection of industrial designs, ensuring inventors and creators navigate the intricate landscape of design rights with clarity. 1. Eligibility Criteria for Industrial Design Protection in Myanmar To qualify for protection, an industrial design must possess the qualities of novelty and distinctiveness, setting it apart from imitative or pre-existing designs. (a) Newness Requirement: An industrial design is considered new if it has not been previously documented in writing, utilized, published,...