23 November

Sticky

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

0 Comments

Sticky

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...

22 November

0 Comments

Sticky

Patent refusal in Vietnam: Reasons & Suggestions for Applicants

Posted by Ly Dinh

in Notable Articles, Patent

Filing a patent application is a significant step towards protecting your intellectual property. However, the journey doesn't end with submission; patent applicants often encounter substantive office actions, crucial points where the patent office reviews the application in detail. Understanding these office actions is vital for a successful patent approval process. In Vietnam, the Intellectual Property Office of Vietnam (IP VIETNAM) handles these proceedings. This article aims to shed light on substantive office actions for patent applications in Vietnam and offer insights on how to navigate through them effectively....

17 November

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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...