29 December

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Enforcing Patent Rights: A Guide to IPR Courts in Myanmar

in Myanmar, Notable Articles, Patent/Petty Patent

Download When it comes to safeguarding patent rights and addressing potential infringements, the Intellectual Property Rights Courts in Myanmar play a vital role. This guide sheds light on the procedures and actions that can be pursued through these courts to uphold patent rights within the legal framework. 1. Initiating Provisional Measures If you, as a patent right holder, believe that your rights are being infringed upon, you have the option to seek provisional measures through the Intellectual Property Rights Court. These measures are designed to offer swift and temporary relief while the full legal process is underway. (i) Application for Miscellaneous Suit for...

22 December

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Appeals in Myanmar Patent Proceedings

Posted by Vu Thu Uyen

in Myanmar, Patent/Petty Patent

Download In the realm of patent proceedings in Myanmar, the avenue of appeal stands open for individuals dissatisfied with decisions made by the Registrar. This outlines the process for appealing such decisions and the subsequent steps to be taken. Appeal to the Agency (Section 93) If you find yourself discontented with a decision issued by the Registrar under the provisions of this Law, you hold the right to initiate an appeal with the Agency. This appeal must be filed within a timeframe of 60 days from the date of the announcement of the said decision. In the course of this appeal, the Agency wields...

22 December

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Guide to Obtaining Protection for Minor Inventions in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

Download In the vibrant landscape of innovation, Myanmar has taken strides to safeguard and stimulate the growth of minor inventions through a comprehensive framework of patent protection. As a country that values creativity and technical advancement, Myanmar offers a distinct avenue for inventors to secure their minor innovations and reap the rewards of their ingenuity. This guide sheds light on conditions, exclusions, and processes that define the realm of minor invention patents within Myanmar's legal framework. Whether you're an inventor aiming to fortify your intellectual property or a curious mind delving into the intricacies of innovation protection, this guide offers critical...

18 December

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Takedown Notices: How Do ISPs Handle Copyright Infringement Claims in Vietnam?

Posted by Ly Dinh

in Copyright, Notable Articles

Download The landscape of intellectual property rights in Vietnam underwent a significant transformation with the third revision of the Intellectual Property Law in 2022. Among the notable provisions, Article 198b introduced a groundbreaking regulation holding Intermediary Service Providers (ISPs) legally responsible for copyright and related rights infringements by their platform users. Subsequently, on April 26, 2023, the Vietnamese government issued Decree No. 17/2023/NĐ-CP, providing detailed measures to implement the Intellectual Property Law regarding copyright and related rights. 1. Responsibilities of Intermediary Service Providers Upon receiving a removal or blocking request, often in the form of a Cease & Desist Letter, from a copyright...

15 December

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Patent Surrender and Revocation in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

Download The realm of intellectual property is a crucial aspect of modern economies, providing inventors and creators with protection and incentives to continue their innovative endeavors. Patents, in particular, grant inventors exclusive rights to their creations for a specified period, enabling them to control and profit from their innovations. However, there are instances when patentees may choose to surrender their patents voluntarily, or when circumstances arise that necessitate the revocation of a patent. In Myanmar, the legal framework governing the surrender and revocation of patents is outlined in a series of provisions. Surrender of Patents Under Myanmar's patent laws, patentees have the...

15 December

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A Guide to Patent Surrender and Revocation in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Patent/Petty Patent

Download The realm of intellectual property is a crucial aspect of modern economies, providing inventors and creators with protection and incentives to continue their innovative endeavors. Patents, in particular, grant inventors exclusive rights to their creations for a specified period, enabling them to control and profit from their innovations. However, there are instances when patentees may choose to surrender their patents voluntarily, or when circumstances arise that necessitate the revocation of a patent. In Myanmar, the legal framework governing the surrender and revocation of patents is outlined in a series of provisions. 1. Voluntary Surrender of Patent Rights Patentees in Myanmar hold the...

07 December

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How Did Philipp Plein Appeal a Decision on Trademark Refusal in Vietnam?

Posted by Ly Dinh

in Notable Articles, Trademark

Download Article 74.2 (e) of Law on IP stipulates that: “2. A mark shall be deemed to be indistinctive if it is a sign falling into one of the following categories: (e) Signs other than integrated marks which are identical with or confusingly similar to registered marks of identical or similar goods or services on the basis of applications for registration with earlier filing dates or priority dates, as applicable, including applications for registration of marks filed pursuant to a treaty of which the Socialist Republic of Vietnam is a member“. In order to assess the similarity of marks at issue, it is...

01 December

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What is Difference Between “Patent Revocation” and “Patent Cancellation” in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

Download Both "patent revocation" and "patent cancellation" are legal processes that impact the status of a granted patent; however, they differ in their origins, procedures, and outcomes. The distinctions between these two terms are rooted in their respective triggers and the underlying reasons for their application. Patent Revocation "Patent revocation" is a legal process initiated by an external party, typically an individual or legally formed organization, with the aim of challenging the validity and continuation of a granted patent. This process is based on specific grounds stipulated by the patent law. The intention behind patent revocation is to reassess and potentially invalidate a...

01 December

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Patent Licensing in Myanmar: Transfer, Ownership, and Opportunities

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

Download In Myanmar's dynamic landscape of intellectual property, patent rights stand as a cornerstone for innovation protection. These rights provide inventors and creators with a legal foundation to safeguard their groundbreaking ideas. Additionally, the process of transferring ownership and granting licenses adds layers of complexity to patent management. This article delves into the intricacies of patent rights transfer and licensing within Myanmar's legal framework, highlighting the significance of these provisions through illustrative examples. The Power of Transfer: Shifting Patent Ownership The journey of a patent begins with an applicant, and the rights associated with it can be seamlessly transferred to other individuals or...

24 November

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Patent Rights in Myanmar: Protection, Boundaries, and Possibilities

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

Download In the intricate landscape of intellectual property, patent rights serve as a bedrock for safeguarding innovations and fostering creativity. Myanmar's patent system, aligned with international standards, provides a comprehensive framework that defines the scope, limitations, and opportunities surrounding patent rights. This article delves into the essence of patent rights in Myanmar, illuminating the exclusive privileges they confer to patentees, delineating exceptions, and exploring avenues for exercising these rights. Illustrative examples further underscore the significance of patent rights in real-world scenarios. The Essence of Patent Rights At the heart of Myanmar's patent regime lies the notion of patent rights. A patentee, the individual...